Copyright and Fair Use

Copying of copyrighted materials for student learning and research use without written permission may occur in the following instances:

Single copying for teachers

Single copies may be made of any of the following by or for teachers at their individual request for scholarly research or use in teaching or preparation to teach a class:

• One chapter from a book;
• An article from a periodical, journal, or newspaper;
• A short story, short essay, or short poem, whether or not from a collective work;
• A chart, graph, diagram, drawing, cartoon, or picture from a book,periodical, or newspaper.

Multiple copies for student learning use

Multiple copies (not to exceed more than one copy per student in a course) may be made by or for the teacher giving the course for student learning use or discussion; provided that the following three criteria are met:

• The copying meets the tests of brevity and spontaneity (as defined below).
• The copying meets the cumulative effect test (as defined below).
• Each copy includes a notice of copyright. An example is "this material may be protected by Copyright law (title 17, US Code)."

Definitions:

Brevity: Either a complete article, story or essay of less than 2,500 words, (usually varies 3-8 pages depending on size of page and type) or an excerpt from any prose work of not more than 1,000 words or 10 percent of the work, whichever is greater.

Spontaneity: The copying is at the instance and inspiration of the individual teacher, and the inspiration and decision to use the work.The moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

Cumulative effect: Copying of the material is for only one course in the school in which the copies are made.

The Helena College Library accepts requests from faculty to place course related items on reserve that are in compliance with US Copyright Law (Title 17 U.S.C. Section 107) and the fair use guidelines.

Faculty can request that an item be placed on reserve by printing the Request to Place an Item on Reserve Form, filling it out, and bringing it into the library with the item(s) to be placed on reserve or by contacting the library with the needed information.

The Helena College Library Reserve Procedures are found in the Library Operations Manual.

Computer software is tangible material and can be copyrighted. The Doctrine of Fair Use applies to computer software.

Permissible uses of copyrighted software owned by or licensed to the College or its faculty:

• Copying it by using it in a computer's memory.
• Making one backup or archival copy.
• Making adaptations in order to use a particular machine.
• Lending it.
• Selling it, in which case the backup or archival copy must be destroyed.

Prohibited uses of copyrighted software:

• Making copies for gift or sale.
• Copying a computer program purchased for use at the University in order to use it at home.
• Copying a computer program purchased for use in one department or school for use in another department or school. A site license should be negotiated to allow multiple uses on campus.