The Do's and Don'ts of Copyright By Kit Giddings

1. The Do’s and Don’ts of
Copying:
Instructional Copyright
Guidelines
Kit Giddings
Education Department
Salt Lake Community College

2. What is Copyright?
1. Original work (not copy)
2. Work of expression (literary, musical,
dramatic, architectural, etc.)
3. Fixed in tangible mediums (brushstrokes,
words on paper, existing in computer or
digitized format)

3. It’s Not Infringement, if…
1. You own the copyright
2. You have received express permission
3. The work is in the public domain and
copyright is not owned by someone
4. You’re following “Fair Use” guidelines

4. What is Public Domain?
• Any work that is not protected by copyright
due to time lapse
• Any publication more than 95 years old
• US Government documents
• Compilations without original source
• Ideas, processes, and methods described in
copyrighted works

5. Good to Know
• Even when a work is unpublished, copyright
law protects unpublished works from their
creation throughout the author’s lifetime
plus 70 years

6. 4 Points of Fair Use
1. Why are you using the material?
Commercial or non-profit
2. What is the nature of the work? Material
must be used for educational purposes
3. How much are you using? Limited in the
number of copies and amount allowed
4. Are you keeping the copyright owner from
making a living? Educators can’t make a
profit from the copies they make

7. Brevity
• Defined according to the type of publication
• Poems: Not more than 250 words (entire poem or
excerpt) as long as it is printed on two pages or less
• Prose: Complete article of less than 2,500 words or
excerpt of not more than 1,000 words or 10 % of the
work, whichever is less

8. Brevity, cont.
• Illustrations: One chart, graph, diagram, drawing,
cartoon, or picture per book or periodical
• Just because something is old and is in the public
domain doesn’t mean it’s not copyrighted
• Two pages maximum from an illustrated work of less
than 2,500 words
• “Consumables” such as workbooks cannot be
copied without permission

9. Brevity, cont.
• Must copy legally acquired original works:
No pirated copies
• Only one copy per student is allowed before you
must ask for permission

10. Spontaneity
• Copying must be initiated by the instructor for
classroom purposes, not an administrator or
supervisor
• The inspiration to use material occurs in such a
manner that does not reasonably permit a timely
request for permission (See it, today and want to
use it, tomorrow)

11. Cumulative Effect
• Copies are restricted to one course
• If permission is granted for one semester, you must
ask permission for each subsequent semester
• Not more than one short poem, article, or two
excerpts can be copied from a given source or
author during one semester
• Multiple copying in a semester is limited to nine
instances

12. “Rule of Proportionality”
• The law will ask if you:
“Are taking more material
than you need to
accomplish your purpose”

13. Television
• Viewing must take place within 10 school days of
broadcast
• Recording must be destroyed within 45 calendar
days of broadcast
• May only show parts that apply to intended and
prepared curriculum

14. Internet
• Internet material may not be distributed to
students. Students may gain access by
going to site
• Permission is given to use internet materials
but instructors may not distribute them
• May not display internet materials publically
(over a network, the internet, or on a
webpage)

15. E-mail Messages
• You may not copy and distribute a private
e-mail message without permission from
author of that message

16. Youtube
• Students and faculty may show videos from
Youtube as long as:
• You are displaying the site’s video playback
pages,
• The site’s embedded player, or
• The site has granted prior written permission

17. Be Careful!
• Copies cannot substitute for compilations or
collective works
• Consumable works cannot be copied (e.g.,
workbooks, standardized tests, etc.)
• Cannot copy same items from semester to
semester without permission
• Copies cannot replace the purchase of
books or periodicals

18. Obtaining Permission
1. Ask!
2. Locate the author(s) and ask if they own
all of the copyrights to their work
3. Keep a sample letter in your files

19. Copyright Infringement,
or not?
• Students working on a classroom video
project can use six minutes of a half-hour
news documentary.
• It is permissible to copy a page of 25
collected Internet Web links and place it on
your Internet page.
• Theatre students write a parody of Seven
Brides for Seven Brothers. Is it copyright
infringement?

20. References
• SLCC Copyright Team members:
http://www.slcc.edu/riskmanagement/docs/copyri
ght/copyright_team.pdf
• SLCC Copyright Handbook:
http://www.slcc.edu/riskmanagement/docs/copyri
ght/copyright04.pdf
• SLCC Copyright compliance information:
http://www.slcc.edu/riskmanagement/services/cop
yright-compliance.aspx
• United States Copyright Office:
http://www.copyright.gov