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Policies & Guidelines

Campus Policy on Copyright Clearance

TO: Deans, Directors and Department Heads

FROM:	Paula Kaufman, University Librarian
	Kathleen Pecknold, Associate Provost

DATE: January 10, 2000

Subject: Copyright Clearances

Often faculty and staff have questions about copyright clearances when preparing instructional materials, publishing texts, and providing information to the public. These questions have become more numerous with the advent of the Internet in teaching, research, and public service. We would appreciate your sharing the answers to these questions with faculty in your units.

Copyright has been an issue in the production of course readings packets, beginning with the Kinko's ruling in 1991,and continuing with other legal decisions. Most recently, Congress passed the Digital Millennium Copyright Act, which began to address the subject of copyright of materials created and/or distributed electronically. Despite the legal and legislative activity over the past few years, the copyright law is substantially unchanged. The campus guidelines for Fair Use can be seen in the Campus Administrative Manual Sec. II-13.

Photocopied class packets or anthologies, which contain reprints of copyrighted material, should have permissions obtained and copyrights paid. The most common procedure is to have the cost of the permissions included in the price of the packet. Some departments choose to pay the royalties and distribute materials at no cost to students.

Three options are available:

1. The Library:

The Library's reserves policies comply with copyright law and subsequent interpretations. Check with the specific library in which your reserves materials will be placed and made available for details.

2. Campus Publishing Services:

Campus Publishing Services (CPS), a division of the Office of Printing Services, provides copyright clearance information and course pack production. CPS will assist faculty with obtaining copyright clearances, notify them of royalty fees, arrange for production, and deliver the course packets to the Illini Union Bookstore where students can purchase them. CPS can also secure permissions for use of materials in electronic formats for Web applications. For more information contact CPS at 244-1455.

3. The Private Sector

There are a number of private copy shops and bookstores in the community that provide instructional copying services. Faculty will need to contact them directly for information about copyright procedures, anticipated delays, and additional costs associated with the clearance process. It is important to assure that a private vendor is legally securing permissions in order that the faculty member or the University not be placed at risk.

Please note that making materials available electronically also requires permission from the copyright holder and cannot be used as a free substitute for a printed or reserve room option.

If you have any further questions, please contact Marcia Rotunda in Legal Counsel at 333-0560 (particularly if you have questions concerning "fair use") or Campus Publishing Services at 244-1455.