INSTRUCTIONAL MATERIALS AND COPYRIGHT ADMINISTRATIVE REGULATIONS

PRINT MATERIALS

The President/Superintendent, or his/her designee(s), shall cause to be posted the following notice verbatim in a conspicuous manner at each copier or microcomputer location capable of reproducing print, nonprint, or computer software. This notice shall serve as a constant reminder to all staff regarding copyright restrictions.

NOTICE: WARNING CONCERNING COPYRIGHT RESTRICTIONS
THE COPYRIGHT LAW OF THE UNITED STATES (TITLE 17, UNITED STATES CODE) GOVERNS THE MAKING OF COPIES OR OTHER REPRODUCTIONS OF COPYRIGHT MATERIAL. UNDER CERTAIN CONDITIONS SPECIFIED IN THE LOW, LIBRARIES AND ARCHIVES ARE AUTHORIZED TO FURNISH A COPY OR OTHER REPRODUCTION. ONE OF THE SPECIFIED CONDITIONS IS THAT THE COPY OR REPRODUCTION IS NOT TO BE USED "FOR ANY PURPOSE OTHER THAT PRIVATE STUDY, SCHOLARSHIP, OR RESEARCH." IF A USER MAKES A REQUEST FOR, OR LATER USES, A COPY OR REPRODUCTION FOR PURPOSES IN EXCESS OF "FAIR USE," THAT USER MAY BE LIABLE FOR COPYRIGHT INFRINGEMENT. THIS INSTITUTION RESERVES THE RIGHT TO REFUSE TO ACCEPT A COPYING ORDER IF, IN ITS JUDGEMENT, FULFILLMENT OF THE ORDER WOULD INVOLVE VIOLATION OF COPYRIGHT LAW.

CLASSROOM COPIES

A. Single Copies

An instructor, instructional aide, tutor, counselor, manager, or other District employees performing instructional support, or research for the College of the Redwoods may make a single copy for purposes of research, instruction, class preparation, or instructional support. This single copy may be of:

(1) A chapter from a book;
(2) An article from a periodical or newspaper;
(3) A short story, short essay, or short poem, whether or not they are from a collected work;
(4) A chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.

B. Multiple Copies

An instructor may make or request multiple copies for classroom use not to exceed in any event more than one copy per student in a course, provided that:

(1) The copy meets the guidelines for brevity and spontaneity as defined following;
(2) The copy meets the cumulative effect guidelines as defined following;
(3) Each copy includes a notice of copyright.

BREVITY GUIDELINES

Poetry:
(1) A complete poem if less than 250 words and if printed on not more than two pages; or,
(2) A portion of a longer poem, an excerpt of which is not to exceed 250 words.

Prose:
(1) Either a complete article, story, or essay of less that 2,500 words; or,
(2) 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.

NOTA BENE: Each of the numerical limitations in "Poetry" and "Prose" (above) may be expanded to permit the completion of an unfinished line of a poem or an unfinished paragraph of prose.

Illustrations:
(1) One chart, graph, diagram, drawing, cartoon, or picture per book or per periodical publication issue.

Combinations:
(1) Certain works in poetry and/prose may combine language with illustrations and fall short of 2,500 words in their entirety. Prose brevity guidelines notwithstanding, "combination works" may not be reproduced in their entirety.
(2) An excerpt of not more than two of the published pages of a combination work and containing not more than 10% of the words found in the text of same may be reproduced.

SPONTANEITY GUIDELINES

The duplication of reproduction is at the instance and inspiration of the individual instructor; and,
The inspiration and decision to use the work and the moment of its use for maximum instructional effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission to copy.

CUMULATIVE EFFECT GUIDELINES

The copying of the material shall be for only one course on the school campus for which the copies are made. Not more that 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. Current news periodicals, current newspapers, and current news sections of other periodicals are exempt from the Cumulative Effect guidelines.

CLASSROOM COPY PROHIBITIONS

An instructor, instructional aide, tutor, counselor, manager, or other District employee performing instruction, instructional support, or research is expressly forbidden to:

(1) Make copies to take the place of, create, or substitute for anthologies, compilations, or collective works;
(2) There shall be no copying of or from works intended to be consumable in the course of study or teaching. Consumable materials include workbooks, exercises, standardized tests, test booklets, and answer sheets;
(3) Copying shall not substitute for the purchase of books, publisher's reprints, or periodicals;
(4) Copying shall not be directed by higher authority;
(5) Copying shall not be repeated with respect to the same item by the same instructor from term to term;
(6) No charge shall be made to the student beyond the actual cost of copying, including materials and labor;
(7) Make multiple copies of a short poem, article, story, or essay from the same author more than once in a class term, or make multiple copies from the same collective work or periodical issue more than three times a term; and
(8) Make multiple copies of works more than nine times in the same class term.

COPYING BY LIBRARIES, LEARNING, CENTERS, ARCHIVES, AND SIMILAR
DEPOSITORIES OF PRINT AND NONPRINT MATERIALS

The employees of a library or similar depository may reproduce not more than one copy of a print or nonprint material, provided:

(1) The copy is made without any purpose of direct or indirect commercial advantage;
(2) The library or depository is open to the public;
(3) The copy carries a notice of copyright; and,
(4) The copy carries the following warning: "THIS MATERIAL MAY BE PROTECTED BY COPYRIGHT LAWS (TITLE 17 USC)." A facsimile copy is permitted in archival reproduction solely for the purposes of preservation and security. This archival reproduction right is extended to nonprint materials, such as photographs, phonorecords, and motion pictures. Copyright law permits a facsimile copy for replacement of a damaged copy made solely for the purpose of replacing a damaged, deteriorating, lost or stolen copy. However, this facsimile copy is permitted only after the library or depository has extended a reasonable effort in a determination that a replacement copy cannot be purchased at a fair price. Out-of-print publications may be copied if it has been established that a copy cannot be found at a fair price and that every effort has been made to locate a copy at a fair price. This copy must become the property of the user and the copy must display a warning that the copy was made in accordance with regulations in Title 17, United States Code. An article and small excerpts of larger works are authorized for copying by a library or depository provided this copy becomes the property of the user. Is said copies are done by library or depository patrons on a self-service copier, the library or depository must display a warning that copies are to be made in accordance with Tile 17, United States Code. Copies for interlibrary loan requests are not permitted if the copying is done in such aggregate quantities as to substitute for a subscription to, or purchase of, a printed work. All interlibrary loan requests must carry a representation from the requestor that the request conforms to Title 17 guidelines. Main libraries or depositories must maintain records of all incoming and outgoing interlibrary loan request for three calendar years.

NONPRINT MATERIALS

The copyright law of the United States extends protection not only to printed materials but also to nonprint materials, such as audio recordings, video recordings, photographs, filmstrips, graphic arts, and dramatic works with or without accompanying music. Accordingly, the Board of Trustees of the Redwoods Community College District expressly forbids the copying of nonprint materials except as authorized by these regulations. All copies of any nonprint material must contain a notice of copyright. Whenever possible, such notice should be that notice appearing on the original version.

(1) Emergency copying is permitted to replace purchased copies
(2) For academic purposes other than performance, multiple copies of excerpts of works may be made, provided the excerpts do not comprise a part of the whole work which could constitute a performable unit (such as a section, movement, or aria), and in no case shall the excerpt consist of more than 10% of the total work. The number of copies of the excerpt shall not exceed one copy per pupil;
(3) For academic purposes other than performance, a single copy of an entire performable unit (such as section, movement, or aria) may be made, provided:

(a) the performable unit has been confirmed by the copyright owner to be out-of-print; or
(b) the performable unit is unavailable except in a larger work with this excerpt to be used solely by the instructor for scholarly research or preparation to teaching a class.

(4) Single copies of recordings of student performances are permitted for evaluation or rehearsal purposes. These recordings may be retained by the District or by the instructor;
(5) A single copy of an audio recording (such as phonorecord or tape) may be made from recordings owned by the District or owned by an instructor for the purpose of constructing aural exercises or examinations. This single copy may be retained by the District or by the instructor.

Copying from one medium to another (such as from motion picture to videotape) is prohibited unless:

(1) The copy is for archival preservation purposes;
(2) The work is not available in the medium different from the original medium; or,
(3) Permission to copy from medium to another has been secured from the copyright owner (excepting emergency and academic purposes exceptions, above).

TEN PERCENT RULE

The reproduction of audiovisual works may be accomplished:

(1) If a series of slides are produced from multiple sources (such as books, magazines, and posters) as long as not more than 10% of the photographs are used from any one source;
(2) If a series of overhead transparencies are produced from multiple sources, provided not more than 10% of the visuals are used from any one source;
(3) If excerpts of a filmstrip are used to produce slides, provided not more than 10% of the filmstrip is so used;
(4) If slides are copied from a slideset, as long as not more than 10% of the slideset is reproduced; and,
(5) If excerpts of a motion picture are used in a locally produced video production, provided not more than 10% of the motion picture is used in the video production.

AIDS FOR EDUCATIONALLY DISADVANTAGED AND HANDICAPPED

Stories, excerpts of stories, textbooks, and excerpts of textbooks may be recorded on audio or video tape by teachers, provided similar materials are not available commercially. It is permissible to duplicate audio or visual materials in their entirety in order to provide materials for the blind or deaf.

LOCAL AUDIOVISUAL PRODUCTIONS

The use of sound commercial recordings for television, sound slideset, radio, motion picture, or other types of local audiovisual productions is prohibited unless prior written permission has been obtained from both the copyright owner and the recording company. A synchronization license from the copyright owner is required prior to usage in timed relationship to a local audiovisual production. Sound recordings exempt from the above are "cleared" versions of commercial recordings available from music libraries or vendors upon payment of appropriate fees.

DUPLICATION OF AUDIO MATERIALS

High speed duplication of audio materials in cassette or open reel format is permitted, provided:

(1) The material being duplicated is owned by the District;
(2) The duplicated tape is solely for educational use by an individual; and,
(3) The duplicated material is not made available for further reproduction or for sale.

All high speed audio duplicators shall have the "NOTICE: WARNING CONCERNING COPYRIGHT RESTRICTIONS" posted on or near the duplicating device. The posting of the notice shall hold the person using the equipment, rather than the District, liable for any copyright infringement.

OFF-AIR VIDEO RECORDING

A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by the Redwoods Community College District for a period not to exceed the first forty-five consecutive calendar days after date of recording. Upon the conclusion of the retention period, all off-air recordings must be erased or destroyed promptly. "Broadcast programs" are defined as television programs transmitted by television stations for reception by the general public without charge or by satellite transmission to the general public or subscribers with or without charge. Off-air recordings may be used once by individual instructors in the course of relevant teaching activities and repeated once only when
instructional reinforcement is necessary. Off-air recordings use may be in classrooms and similar places devoted to instruction within a single building, cluster, or campus during the first ten consecutive instructional days in the forty-five calendar day retention period. "Instructional days" are days of instruction which may or may not include weekends, holidays, academic recesses, examination periods, or other scheduled interruptions within the forty-five calendar day retention period. Off-air recordings may be made only at the request of an use by individual instructors and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast. Recognizing the geographical constraints inherent within the Redwoods Community College District, no more than two copies may be reproduced from each off-air recording to meet the instructional needs of instructors at Education Centers and/or satellite branches. Each additional copy shall be subject to all provisions governing the original recording. After the first ten consecutive instructional days, off-air recordings may be used up to the end of the forty-five calendar day retention period only for teacher evaluation purposes, specifically, to determine whether or not to include the broadcast program in the curriculum. During this period the recording may not be used for student exhibition or any other non-evaluation purpose without authorization from the copyright holder. Off-air recordings need not be used in their entirety, but the recorded program may not be altered from its original content. Off-air recordings may not be physically or electronically combined or merged to constitute anthologies or compilations. All off-air recordings and copies thereof must include the copyright notice on the broadcast program as recorded. The Associate Dean, Instructional Support Services and/or his/her designee(s) shall be responsible for enforcing this policy. Off-air recordings may be maintained beyond the forty-five day retention period and placed in the District's regular collection if the express written permission of the owner of copyright, or the owner's authorized agent, is obtained.

USE OF PERSONAL OR RENTED VIDEOTAPES IN CLASSROOM

If an instructor brings to a District teaching site an off-air recordings he/she has prepared off-campus together with a published guide which demonstrates that the program has aired within the past ten days, that tape may be used once in a classroom. Responsibility for erasure of the recordings lies with the instructor. If an instructor rents a videotape, it is assumed that the tape is for his/her personal use only. Thus, rented tapes cannot be used within the classroom without the express written permission from the copyright holder. It is the responsibility of the instructor to provide an original of the express written permission to the Associate Dean, Instructional Support Services and/or his/her designee(s). Should an instructor bring a video recording into the classroom which is his/her own personal property, the tape may not be used if:

(1) the playing of the tape might deprive a rental agency of possible revenue; or,
(2) The recording or recording housing is marked with the words "For Home Use Only" or similar phrase.

If neither of these provisions apply and if the recording, upon examination, contains no additional restrictions, the recording may be used in the classroom. The responsibility for maintaining records on and monitoring the use of video recordings in the classroom shall be that of the Coordinator, Instructional Media Services and/or his/her designee(s).

TEACHING PERFORMANCES AND DISPLAYS

Performance or display of a print or nonprint work in the course of face-to-face teaching activities in a nonprofit educational institution does not constitute infringement of copyright. Additionally, the performance of nondramatic literary or musical works transmitted by instructional broadcasting does not constitute infringement of copyright providing:

(1) The performance is a regular part of instructional activities;
(2) The performance is directly related to the course content; and,
(3) The transmission is to a classroom, to classrooms, to disabled pupils unable to go to a classroom, or to employees of the District as part of their duties.

PERFORMING ARTS

A nondramatic literary or musical work whose performance is sponsored by the Redwoods Community College District and which is not transmitted to the public is exempt from copyright protection if:

(1) No compensation is paid to the performers, promoters, and organizers; and,
(2) Either,

(a) There is no admission charge, or,
(b) All proceeds are used exclusively for educational, religious, or charitable purposes. If the performance proceeds are used for educational, religious, or charitable purposes, the copyright owner, under the law, is entitled to object to the performance. However, no mechanism such as a "licensing center," currently exists for notifying the copyright owner of the planned program. The sponsoring Division, Department, or Office is encouraged, therefore, to attempt to contact the copyright owner with a reasonable expenditure of effort in order to notify same of the planned performance. Copyright clearances for performances contracted on behalf of the District, such as musical groups and theater performers, are the responsibility of the contractural group or promoter. Although performance is one of the copyright owner's exclusive rights, the special needs of music educators and others are recognized in the limitations on these rights and are specified in Title 17, United States Code. Music educators may engage in the following
exceptions:

(1) Performance of any copyrighted work by instructor(s) or pupil(s) in the course of face-to-face teaching activities at a nonprofit educational institution in a classroom or similar place devoted to instruction;
(2) Performance of a nondramatic literary or musical work on closed circuit television to other classrooms or to disabled students for teaching purposes, provided the transmission is part of the systematic instructional activities of a nonprofit educational institution, and only if the performance is directly related and of material assistance to course content;
(3) Performance of a nondramatic literary or musical work at a school concert if there is no purpose of direct or indirect commercial advantage, no fee or compensation is paid to the performers, promoters, and or organizers, and no admission charge is made. If a charge is made for admission, all proceeds must be used only for educational, religious, or charitable purposes. The performance is prohibited, however, if the copyright owner objects in writing to the performance seven or more days prior to the performance; or,
(4) Performance or nondramatic literary or musical works or of dramatico-musical works of a religious nature, in the course of services at places of worship or at a religious assembly.

All other performances of copyrighted nondramatic musical works must be licensed through one or more of the following licensing agencies:

(1) American Society of Composers, Authors, and Publishers (ASCAP), ASCAP Building, One Lincoln Plaza, New York, New York 10023;
(2) Broadcast Music, Inc. (BMI), 320 West 57th Street, New York, New York 10102;
(3) SESAC, Inc., 10 Columbus Circle, New York, New York 10019. Appropriate licensing contract(s) must be secured through one or more of the agencies listed above. However, contractural agreements with those agencies must be reviewed and approved by the Division Chairperson or Center Dean, the Dean of Business Services, and the Executive Vice President and/or his/her designee(s). It is the responsibility of the performance requestor and/or organizer to obtain contractural agreement(s) and to prepare same for review and consideration by District officials listed above.

COMPUTER PROGRAMS

It shall be the policy of the Redwoods Community College District to adhere strictly to the provisions of Title 17, United States Code in District purchase, dissemination, and use of commercially prepared computer programming (also known as computer software). Therefore, the duplication of commercial computer software is prohibited, with the following exceptions only:

(1) One copy of commercial computer software is permitted as a back-up copy, provided:

(a) One copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner; or,
(b) One copy or adaptation is for archival purposes only and all archival copies are to be destroyed in the event that continued possession of the program should cease to be rightful. When software is to be used on a disk sharing system, reasonable effort will be made to secure software from copying. Copying of commercial microcomputer software for microcomputer use on-site at branch or satellite campuses is permitted only upon written authorization to do so by the copyright owner and distributor.

MICROCOMPUTER SOFTWARE USE

It shall be the policy of the Redwoods Community College District that no person shall use or cause to be used in all of the District's microcomputers any software which does not fall into one of the following categories:

(1) The software is in the public domain;
(2) The software is covered by a licensing agreement with the author(s), vendor, or developer, whichever is (are) applicable;
(3) The software has been donated to the District and a written record of a bona fide contribution exists;
(4) The software has been purchased by the District and a record of bona fide purchase exists and can be produced by the user upon demand;
(5) The software is being reviewed or demonstrated by the users in order to reach a decision about possible future purchase or request for contribution or licensing; or,
(6) The software has been written or developed by Redwoods Community College District employee(s) for use in microcomputer instruction. All District-owned microcomputers on which it is possible to copy software from commercial vendors shall have the "NOTICE: WARNING CONCERNING COPYRIGHT RESTRICTIONS" posted on or near the microcomputer.

MATERIALS DEVELOPED BY DISTRICT EMPLOYEES

The Board of Trustees of the Redwoods Community College District encourage staff creativity in the development of instructional support materials. Materials include, but are not limited to, text, manuals, workbooks, musical works, dramatic works, graphics, photographs, motion pictures, videotapes, audio tapes, filmstrips, choreography, and computer programs. Works developed on the District employee's own time and with the employee's own funds become the property of the employee. If the employee develops materials on his/her own time but uses District resources, the District employee may, prior to materials development and upon mutual agreement with the District, either:

(1) Reimburse the District for use of resources; or,
(2) Assign copyright of the material to the District with any royalties shared by the District and the employee.

Materials developed by the staff while on sabbatical leave will remain the property of that staff member unless otherwise specified in the sabbatical leave agreement.
Material developed as specific assignments of the District employee become the property of the District, unless the District agrees to assign ownership to the employee. The developer of instructional materials will not use the name of the District as an endorsement of the material in its publication, production, or distribution.
Materials developed by an employee for the District are in the public domain and may be published, produced, or distributed without obtaining a copyright on behalf of the District. Said materials may be shared with other nonprofit institutions for educational use on a cost-sharing, noncost, or exchange materials basis. Such basis will be at the discretion of the Executive Vice President, or his/her designee(s).

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