Copyright Policies at Cabrillo College Library

Additional information may be found in the Copyright Law of the United States of America and Related Laws Contained in Title 17. For a detailed discussion of copyright issues see Stanford University's Copyright and Fair Use Guidelines.

Video Copyright Policy: Classroom Use

Copyright Law as granted by 17 USC Section110(1) states that students and teachers may show any legally obtained copyrighted video in a classroom, as part of instruction, when the following conditions are true:

• The video must be made from a legitimate copy.
• Attendance must be limited to the teacher and pupils.
• The video must be part of a systematic course of instruction and not for entertainment or recreation.
• The showing must be part of the teaching activities of a nonprofit institution.
• The showing must take place in a classroom or place intended for instruction.

Video Copyright Policy: Lending To Library Users

• All videos owned by Cabrillo College Library may be viewed in the library on equipment supplied by the library.
• Generally, if the video is a lawfully copyrighted product, the library may loan the video as part of the library's regular circulation procedure [17 USC Section109(a)].
• Please note: WARNING: Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution, or exhibition of copyrighted motion pictures and video tapes. (Title 17, United States Code, Sections 501 and 506.) The Federal Bureau of Investigation investigates allegations of criminal copyright infringement. (Title 17, United States Code, Section 506).

Off Air Recording Policies

The recording of a televised broadcast program by a non-profit educational institution results in an "OFF AIR RECORDING" that may be used and viewed within the following copyright guidelines.

• At the request of a teacher an OFF AIR RECORDING used in the classroom may be made by Cabrillo College Media Services.
• The program being recorded may be recorded only one time regardless of televised reruns.
• A limited number of copies of this OFF AIR RECORDING may be made as necessary.
• The content of the recording may not be altered in any way.
• The copy must contain the copyright notice.
• Cabrillo College Media Services is responsible for maintaining copyright control in this area.
• The copy may be kept for evaluation no more than 45 days after which it must be erased.
• An OFF AIR RECORDING may be viewed in a classroom a maximum of two times only during the first 10 days only of the 45 day limit period.

Library Reserve Copyright Policies

• Photocopying one copy of an article from an owned journal title or a chapter from an owned volume at the request of a faculty member for the purpose of Library Reserve fits within Copyright guidelines of Fair Use.

Multiple copies made for Library Reserve:

• The amount of material should be reasonable (discretionary designation) with respect to the total amount of material assigned for one term of a course taking into account the nature of the course, its subject matter and level, 17 U.S.C. 401(1) and (3).
• The number of copies should be reasonable (discretionary designation) in light of the number of students enrolled, the difficulty and timing of assignments, and other courses which may assign the same material, 17 U.S.C. 107(1) and (3).
• Material should contain some form of copyright notice (17 U.S.C. 401).
• The effect of photocopying the material should not be detrimental to the market for the work. In general, the library should own at least one copy of the work, 17 U.S.C. 107(4). (From the ALA Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use, March '82.)
• Multiple copies of a copyrighted article may be requested by a faculty member and put on reserve by the library if time does not allow for copyright permission to be granted.
• To avoid any question of copyright infringement the library will mark copies of the work "Property of. xxxx"
• These materials should be returned to the faculty member when they are removed from reserve.

This Notice Is Displayed Near The Library's Photocopiers

• "The Copyright Law of the United States (Title 17 of the U.S. Code) governs the making of photocopies of copyrighted material. The person using this equipment is liable for any infringement."

Library Policy For Copyrighted Software

• Duplicating copyrighted software without authorization violates title 17 of the United States Code (Copyrights).
• Unauthorized copying is also a violation of the library's contractual and license agreements with the authors of the software.

Interlibrary loan (ILL) Photocopies Guidelines

These guidelines apply when Cabrillo does not own a journal title:

• No more than 5 photocopies of articles per journal title per year.
• This applies to the most recent or, latest 5 years of a publication.
• This guideline---THE RULE OF 5---means that 5 copies of the same article count as 5 articles from the same journal title.
• Issues more than 5 years old do not need to be counted for copyright.
• Statistics begin again each year.
• Replacing a missing article of a title owned by Cabrillo does not count toward the annual "5" uses.
• If Cabrillo owns the journal title, a request for an out of print or hard to obtain article will not count in the annual "5" uses.
• Records of ILL transactions must be kept for 3 calendar years.