Millsaps College respects the principle of protection for intellectual labor and creativity as a vital element in the academic enterprise. The works of authors and publishers, whether in printed or recorded form, are recognized as protected intellectual property under the Copyright Law of the United States (PL 94-553) as interpreted in Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions (H. Rept. 94-1476).
It is the intention of the College to abide by the provisions of the law and to encourage all members of the College community to acknowledge the spirit of this protection. Specifically, faculty, students and administrators are advised to be aware of copyright restrictions that apply to duplicating print, sound and video recordings and computer software.
The College does not condone willful or uninformed abuse of copyrighted material, either through photocopy, other reproduction, distribution, or public performance. Where this principle is consciously ignored or violated the responsibility and legal consequences rest with the individual so acting. Violations of authorial integrity, including unauthorized access and copyright, may be grounds for sanctions against members of the College community.
Unauthorized downloading or uploading of copyrighted material can result in legal action against you and is a violation of Millsaps' Ethical Use of Computing Facilities policy.
Classroom distribution: Copying for instruction is addressed by the Copyright Law and in the guidelines shown below.
Computer software: Software available through licensing carries very specific rights and restrictions, including the right of the distributor or the licensee to audit its use on College-owned hardware.
Language Learning Center: Use and duplication of audio tapes, video programs, and computer software for foreign language study are governed by arrangements with the producers of such material.
Library reserves: In matters relative to copyright policy, the Millsaps library will be guided by the "Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use," published by the American Library Association. Millsaps College Faculty Handbook, 1993, p. 45.
Copyright law does not prohibit but does severely restrict the practice of photocopying books and articles for educational use. It is important that faculty and students be aware of copyright law and make a good faith effort to adhere to it and to stay within the bounds of fair use.
Fair use of copyrighted material is established in copyright law but is not clearly defined. Generally, in not-for-profit educational institutions, faculty and students may make single copies of a chapter, a journal article, an illustration, or a small part of a larger work for personal research.
Copies may also be made for distribution to an entire class but within the Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions . The Guidelines have specific information about how much can be copied but generally limit copying to very brief portions of larger works and require that copying meet the test of spontaneity when there is no time to request permission. The copies can be for one course only with limits on the amount of copying in one semester. Faculty must not create anthologies without permission nor reproduce consumables such as workbooks.
The Millsaps-Wilson Library will observe copyright law in its interlibrary loan, photocopy, and reserves services. The Library may limit the number of articles which can be requested from one journal on interlibrary loan. The Library's photocopiers bear the correct copyright notices. And the Library will place a copy of an article on regular or electronic reserves no more than once without written permission from the copyright owner.
Ad Hoc Committee of Educational Institutions and Organizations on Copyright Law Revision, Authors League of America, and the Association of American Publishers 1976.
(Excerpted from Reproduction of Copyrighted Works by Educators and Librarians, Circular 21, U. S. Copyright Office, 1998).
I. Single Copying for Teachers
A single copy may be made of any of the following by or for a teacher at his or her individual request for his or her scholarly research or use in teaching or preparation to teach a class: A. A chapter from a book; B. An article from a periodical or newspaper; C. A short story, short essay or short poem, whether or not from a collective work; D. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper.
II. Multiple Copies for Classroom Use
Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion; provided that: A. The copying meets the tests of brevity and spontaneity as defined below; and B. Meets the cumulative effect test as defined below; and C. Each copy includes a notice of copyright.
BREVITY (i) Poetry: (a) A complete poem if less than 250 words and if printed on not more than two pages or, (b) from a longer poem, an excerpt of not more than 250 words. (ii) Prose: (a) Either a complete article, story or essay of less than 2,500 words, or (b) an excerpt from any prose work of not more than 1000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words. [Each of the numerical limits stated in (i) and (ii) above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.] (iii) Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue. (iv) "Special" works: Certain works in poetry, prose or in poetic prose or in "poetic prose" which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 words in their entirety. Paragraph (ii) above notwithstanding such "special works" may not excerpt be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the words found in the text thereof, may be reproduced.
SPONTANEITY (i) The copying is at the instance and inspiration of the individual teacher, and (ii) The inspiration and decision to use the work and 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 (i) The copying of the material is for only one course in the school in which the copies are made. (ii) Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term. (iii) There shall not be more than nine instances of such multiple copying for one course during one class term. [The limitations stated in (ii) and (iii) above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.] III. Prohibitions as to I and II Above Notwithstanding any of the above, the following shall be prohibited: A. Copying shall not be used to create or to replace or substitute for anthologies, compilations or collective works. Such replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or reproduced and used separately. B. There shall be no copying of or from works intended to be "consumable" in the course of study or of teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material. C. Copying shall not: (a) substitute for the purchase of books, publishers' reprints or periodicals; (b) be directed by higher authority; (c) be repeated with respect to the same item by the same teacher from term to term. D. No charge shall be made to the student beyond the actual cost of the photocopying. Agreed March 19, 1976 Ad Hoc Committee on Copyright Law Revision: By Sheldon Elliott Steinbach. Author-Publisher Group: Authors League of America: By Irwin Karp, Counsel. Association of American Publishers, Inc.: By Alexander C. Hoffman, Chairman, Copyright Committee.