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Copyright
Guidelines
Reproduction of copyrighted
materials, without prior permission of the copyright owner, is an issue
of concern for the academic community. Unfortunately, the impropriety
of much unauthorized copying is all too often overlooked by users in an
educational setting.
Although the copying
of all or part of a work without obtaining permission may appear to be
an easy and convenient solution to an immediate problem, such unauthorized
copying can frequently violate the rights of the author and/or publisher
of the copyrighted work, and can be directly contrary to the academic
mission to teach respect for ideas, and for intellectual property which
expresses those ideas.
It is recommended
that written approval from the holder of the copyright be submitted when
published and copyrighted materials are sent to Printing Services for
reproduction.
Without understanding
the copyright law, including elements such as the doctrine of "fair use"
and its application and limitation in the education setting, Northwestern
University faculty members, printing operations, copy centers, and others
will be at risk for engaging in illegal photocopying.
Definitions
| Prohibitions | Single
Copying for Faculty Members | Multiple Copies
for Classroom Use
Definitions
Poems
- A complete poem, if less than 250 words, and if printed on not more
than two pages; an excerpt of not more than 250 words from a larger poem.
Prose
- Either a complete article, or a story or essay of less than 2,500 words;
an excerpt from any prose work of not more than 1,000 words or 10% of
the work, whichever is less, but, in any event, a minimum of 500 words
(may be expanded to permit the completion of an unfinished prose paragraph).
Illustration
- One chart, graph, diagram, cartoon or picture per book or per
periodical issue.
"Special"
works - Certain works in poetry, prose, or in "poetic prose"
(which often combine language with illustration, 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. Such special works may not
be reproduced in their entirety; however, an excerpt comprising not more
than two of the published pages of such work, and containing not more
than 10% of the words found in the text
thereof, may be reproduced.
Spontaneity
- The copying is at the instance and inspiration of the individual professor,
and 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 - The copying of the material is for only one course in
the school in which the copies are given; 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; there shall not be more than nine instances of
such multiple copying for one course during one class term.
The limitations stated
above shall not apply to current news periodicals and newspaper, concurrent
news sections of other periodicals.
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Prohibitions
Not
withstanding any of the above, the following shall be prohibited: Copying
shall not be used to create, or to replace or substitute for anthologies,
complications or collective works. Such replacement or substitution
may not occur, whether copies of various works or excerpts there from
are accumulated, or reproduced and used separately. 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, test booklets and answer sheets, and like consumable material.
Copying
shall not:
- substitute
for the purchase of books, publishers' reprints or periodicals,
- be directed
by higher authority;
- be repeated
with respect to the same item by the same professor from term-to-term.
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Single Copying for Faculty
Members
A single
copy may be made of any of the following, by or for a faculty member
at his or her individual request, for his or her scholarly research
or use in teaching or preparing to teach a class:
- A chapter from
a book
- An article
from a periodical or newspaper
- A short story,
short essay, or short poem, whether or not from a collective source
- A chart, graph,
diagram, drawing, cartoon or picture from a book, periodical, or
newspaper
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Multiple Copies for
Classroom Use
Multiple
copies (not to exceed, in any event, more than one copy per student
in a course) may be made by or for the professor giving the course for
classroom use or discussion, provided that:
- 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
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