This is the Hamilton College interpretation of the Copyright Law, Title 17, United States Code, 1976. The copyright law of the United States governs the making of photocopies or other reproductions of copyrighted material. Our policies are based on careful review of the law itself, the Fair Use guidelines of 1997, the TEACH Act of 2002, the Digital Millennium Copyright Act (DMCA) of 1998, and the DMCA exemptions of 2006.
This is by no means the only interpretation. It is, however, what we believe is most ethical and appropriate for this campus. It is our hope that this will help you understand and adhere to the provisions of federal copyright law.
Compliance with the federal copyright law and with this policy is the responsibility of every member of the Hamilton College community. Each of us should take a personal interest in becoming informed about how copyright law affects our work at Hamilton College.
Copyright law is complicated and its interpretation is sometimes controversial. This guide has been prepared in an effort to help us all better understand what is allowable by law, and why some services that are technically possible may nevertheless be restricted. We will always remain open to receiving any new information on or interpretation of copyright law.
Your support and cooperation is greatly appreciated. If you have questions or concerns about this policy, please contact the Director of Library Information Systems, Hamilton College Library.
Copyright grants to the author or originator the sole and exclusive privilege of multiplying copies of literary or artistic productions and publishing and selling them. Copyright protection exists for original works fixed in any tangible medium of expression, including:
Substantial penalties can be imposed for infringement of a copyright. An injunction to stop the infringement is most likely to be the first action. Payment of actual damages for financial loss suffered by the copyright owner may be required. Statutory damages, for which no actual damages need be proved, may be assessed. If the court determines there is an infringement, it may award between $750 and $30,000. If the court determines that the infringement was willful, the penalty may be as high as $150,000 per item.
An exception to the statutory damages is made in the case of teachers, provided the teacher believed and had reasonable grounds to believe that it was fair use. In this case the teacher may be found guilty but the damages do not have to be paid. This gives the teachers some special consideration under the law, but it also requires that they be thoroughly familiar with what might be considered reasonable fair use practices.
Many provisions of the 1976 copyright law affect educational uses of copyrighted materials but the most generally applicable is Section 107 - Limitations on Exclusive Rights: Fair Use. Under the law, it is fair use to reproduce copyrighted materials for purposes of criticism, comment, news reporting, teaching, scholarship, or research. Four criteria will be applied in judging whether or not there has been an infringement:
The four criteria for determining fair use listed above are very general. To aid in the interpretation of Fair Use criteria, interested groups of publishers and users have agreed on more specific guidelines, including:
Representatives of copyright owners and educators, during the CONFU process in 1996-97, agreed that the general principles of fair use can also apply to multimedia items. The guidelines they developed are widely, but not universally, accepted and used in interpreting the provisions of copyright law. The guidelines are not written into the law, so fair use is still a shadowy territory and subject to varying interpretations.
Hamilton College believes that the general principles developed by the CONFU process are appropriate and uses them as the basis of its Copyright Policy. [See: Fair Use Guidelines for Educational Multimedia: http://www.utsystem.edu/OGC/IntellectualProperty/ccmcguid.htm]
It is important to keep in mind that, in general, fair use does not give permission for copying works in their entirety. Limited portions may be incorporated into a new production by a student for a class project or by an instructor for purposes of criticism, comment, news reporting, teaching, scholarship, or research. In order to copy an entire work, permission must be obtained from the copyright holder. See Part 8 of this document.
Digital media, including DVDs, are a special case, governed by the Digital Millennium Copyright Act (DMCA) of 1998, which introduced new restrictions on unauthorized copying. Since the 1998 Act, several exemptions to the DMCA restrictions have been approved. The exemptions of November 2006 include a provision similar to fair use, to allow film studies professors to circumvent the encryption of digital media in order to make compilations of portions of those works for educational use in the classroom.
Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or other reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use", that user may be liable for copyright infringement.
Primary and secondary school educators have, with publishers, developed guidelines which allow a teacher to distribute photocopied materials to students in a class, without the publisher's prior permission, upon compliance with these and other conditions:
At the request of a faculty member, a library may photocopy and place on reserve excerpts from copyrighted works in its collection in accordance with the guidelines above, similar to those governing formal classroom distribution for face-to-face teaching discussed above. Hamilton College believes that these guidelines apply to the library reserve shelf to the extent it functions as an extension of classroom readings or reflects an individual student's right to photocopy for his personal scholastic use under the doctrine of fair use.
If the request calls for only one copy to be placed on reserve, the library may photocopy an entire article, an entire chapter from a book, or an entire poem. Requests for multiple copies on reserve should meet the following guidelines:
These guidelines apply to Electronic Reserves as well as paper copies. Copyright notices are applied to the documents before they are scanned for use on the Web. Electronic Reserves are available for use off campus by members of the Hamilton College Community only, and their use is protected by copyright. Library staff can only scan documents for Electronic Reserves. Please visit the Information Commons Desk to learn how to scan documents and create PDF files.
If you wish to schedule a film showing on campus, please be aware of this information about public performance licensing.
Upon request, media materials for a specific occasion will be rented for you by the AVS Film Specialist. If public performance licensing is required, the rental contract will include it.
If a student will not be able to attend the scheduled showing, and you want to schedule a second showing, it must be arranged before the rental is ordered and made a part of the rental contract. Many companies charge an extra fee to show a movie a second time, even if it's for a single student from the original class.
Rented materials cannot be placed on reserve. The additional showing in a classroom must be scheduled through the AV office and added to the rental contract.
College facilities, equipment, and AV Services projectionists cannot be used to show media materials that have not been legally obtained for classroom or public showings. Videos that you have rented from a local video store such as Blockbuster may be used for classroom showings, but they do not constitute legally obtained copies for open (public) showings.
This policy is based on the Kastenmeier Guidelines, as published by the U.S. House of Representatives in 1984.
If a lecturer or performer brings multimedia materials (film, video, DVD, CD) for use in their program, it is expected that the individual is the copyright owner of the material or has obtained permission or licensing to display the items.
Department or student productions can be videotaped if the following criteria are met:
For information on obtaining permission from a publisher or copyright owner in order to make a video recording of a performance of a copyrighted script or music, see Part 8 of this document, or a page on the University of Texas website, at http://www.utsystem.edu/ogc/intellectualproperty/permissn.htm.
Lectures or performances presented by guests to the campus will be video recorded if the guest signs a permission form, provided by AV Services, prior to the lecture or performance taking place. Permission must also be obtained from members of the campus community (employees, students, alumni, trustees). A printable form is available: Form for Individuals / Form for Groups. By signing this permission form, speakers and performers are also certifying that any audiovisual materials (movie, PowerPoint, web page) are their own work or that they have obtained proper copyright clearances for displaying them.
According to the rules of NESCAC and other athletic leagues in which Hamilton teams compete, there are no restrictions placed on recording varsity sporting events. A request must come from a member of the coaching staff.
The use of multimedia materials is governed by the Fair Use Guidelines (see Part 2).
Faculty and students are permitted to copy portions of video materials for the purpose of incorporating the clips into a new production for educational use in the classroom, without obtaining permission from the copyright holder.
The borrowed material may not constitute more than 10% of the original, or 3 minutes, whichever is less, nor may it comprise the majority of the finished product. The opening screen of the project and any accompanying print material must include a notice that certain materials have been used under the fair use exemption of the U.S. Copyright Law.
In 1998, the Digital Millennium Copyright Act (DMCA) of 1998 dealt specifically with digital media, including DVDs, and introduced new restrictions on copying. Section 1201 of the DMCA prohibits the circumvention of encryption on all digital media. It is a violation of the DMCA, for example, to make a digital copy of an encrypted DVD, because doing so would require breaking the copy protection. In November 2006, several exemptions to the DMCA restrictions were approved. One of the new exemptions is for multimedia works included in the educational library of a college or university's film or media studies department, when circumvention is accomplished for the purpose of making compilations of portions of those works for educational use in the classroom by media studies or film professors.
Existing multimedia (music, lyrics, music videos, motion media, photographs, and illustrations) can be incorporated into a student or faculty multimedia project. The amount of the copyrighted work that a student may use in his/her educational multimedia project is restricted by specific portion limitations. In particular, the portion limitations relate to the amount of copyrighted work that can reasonably be used in educational multimedia projects regardless of the original medium from which the copyrighted works are taken. ("In the aggregate" means the total amount of copyrighted material from a single copyrighted work that is permitted to be used in an educational multimedia project without permission under the Guidelines.)
Only two copies of the student educational multimedia project may be made, for reserve and preservation purposes.
Attribution and acknowledgement are required. Students must credit the sources of the copyrighted works, display copyright notice and ownership information, and include notice of use restrictions (as specifically detailed in Section 6.2 and 6.3 of the Fair Use Guidelines).
You can use up to 10%, but in no event more than 30 seconds. If the material you want is in compliance with the Fair Use limitations (less than 10%), and the Music Library Coordinator grants permission, an audiocassette or CD copy can be made for you by either the Music Library or Audiovisual Services.
The Multimedia Presentation Center/ Information Commons has a supply of licensed prerecorded music that can be used in video production. Other music can be used only if a "video synchronization license" is purchased from the music publisher or owner of the copyright.
Accordingly, any copyrighted film used would be covered by the motion media film limitation, any graphical illustration used would be covered by the photograph or illustration limitations, and any musical work used would be covered by the music, lyrics, and music video limitation.
You can use up to 10% or 3 minutes, whichever is less.
You can use no more than 5 images by an artist or photographer. For photographs or illustrations from a published collective work, you can use no more than 10% or 15 images, whichever is less.
Hamilton College reserves the right to refuse to accept a copying request if in its judgment, fulfillment of this order would involve violation of the copyright law. No media carrying a copyright will be duplicated without written consent from the publisher or copyright owner.
The copyrights on media from other countries are valid in the U.S. and are honored by Hamilton College. We do not copy foreign media into the U.S. formats just for the convenience of the user. Several classrooms spaces on campus have equipment for showing foreign videotapes and DVDs. To find a suitable room, contact the Registrar's office at ext. 4638 or the AV Services office at ext. 4120 or 4231.
In compliance with the Digital Millennium Copyright Act's safe harbor provisions relating to educational institutions, Hamilton encourages the users of its network to educate themselves on the principles of copyright and to respect the rights of copyright owned by others. To that end, you will find on the final page of this document a number of references that provide basic principles regarding copyright that relate to the College community.
Individuals using computers and networks ("Digital Information Systems") at Hamilton College (the "College") are responsible for complying with copyright laws and the College's policies and procedures regarding use of the Digital Information Systems. The College reserves the rights to deny, limit, revoke or extend computing privileges and access to the Digital Information Systems in its discretion. In addition, alleged violations of this procedure, the College's policies regarding use of the Digital Information Systems, or other policies of the College in the course of using the Digital Information Systems may result in an immediate loss of computing privileges and may result in the referral of the matter to the College's judicial system or other appropriate authority.
The procedures outlined below will apply when the College receives notification of an alleged copyright infringement. For purposes of these procedures, an e-mail message shall be considered a written notice or request.
Copyright holders who believe their copyrighted material has been infringed by an account holder must notify the College Library's Director of Library Information Systems, (the "Designated Agent") of the allegedly infringing action or material in writing. The notification must 1) identify the copyrighted material being infringed in sufficient detail to permit the College to locate the allegedly infringing material on the College's Digital Information Systems, 2) state the basis for the claim of possible infringement, and 3) state the basis for the copyright holder's copyright in the work (e.g., author, owner, assignee).
This is to notify copyright holders that Hamilton College's Designated Agent to receive notices and request concerning claimed infringement, pursuant to the Digital Millennium Copyright Act, is Ken Herold, Director of Library Information Systems, Burke Library. Any copyright holder wishing to send a notice to Hamilton College regarding possible copyright infringement should file that notice in writing with Ken Herold at the following address:
Daniel Burke Library
198 College Hill Road
Clinton, New York 13323
Educators should be aware that it may be possible to make use of copyrighted materials beyond what is provided under fair use, if permission is granted first. There may or may not be a charge, and permission may be refused, but it never hurts to ask.
First, determine ownership of the work. A Reference Librarian can help in determining whom to contact. The Copyright Clearance Center (CCC) may be able to provide permission for using print materials. Library-owned films are not covered by the CCC, so you will need to locate addresses of individual publishers. Next send a detailed letter of request, including the following:
You might also do the following:
Copyright Law of the United States of America and Related Laws, contained in Title 17 of the United States Code, 1976: http://www.law.cornell.edu/uscode/html/uscode17/usc_sup_01_17.html
Kastenmeier Guidelines for Off-Air Taping for Educational Purposes, U. S. House of Representatives, 1984: http://www.lib.berkeley.edu/MRC/Kastenmeier.html
Educational Multimedia Fair Use Guidelines from the CONFU Conference of the CCUMC. 1997: http://www.utsystem.edu/OGC/IntellectualProperty/ccmcguid.htm
Digital Millennium Copyright Act (DMCA), 1998: http://www.copyright.gov/legislation/dmca.pdf
Technology, Education, and Copyright Harmonization Act (TEACH), 2002: http://www.utsystem.edu/OGC/IntellectualProperty/teachact.htm
DMCA exemptions, 2006: http://www.asc.upenn.edu/dmca/
This copyright policy was prepared with information gathered from the following sources:
The Copyright Directory: 1990-91. Friday Harbor, WA: Copyright Information Services, 1990.
Crews, Kenneth D. Copyright Essentials for Librarians and Educators. Chicago, IL: American Library Association, 2001.
Dukelow, Ruth H. The Library Copyright Guide, Association for Educational Communications and Technology. Copyright Information Services, Washington, DC, 1992.
Harry Fox Agency website (http://www.harryfox.com/index.jsp) –
Information Circulars and Factsheets from the U.S. Copyright Office: http://www.copyright.gov/circs/#fl
Miller, Jerome K. and others. Video Copyright Permissions. Friday Harbor, WA: Copyright Information Services, 1989.
Pennsylvania State University website. Copyright & Other Legal Information: www.libraries.psu.edu/mtss/resources/copyright.html
The Official Fair-Use Guidelines. Fourth Edition. Eugene, Oregon: Copyright Information Services, 1985.
Sinofsky, Esther R. Off-Air Videotaping in Education. New York: R.R. Bowker Company, 1984.
University of Texas website –
Vlcek, Dr. Charles. Copyright Policy Development. Second printing. Friday Harbor, WA: Copyright Information Services, 1988.
(Reviewed: August 18, 2009)