Copyright compliance guidelines

Purpose
The Copyright Compliance Guidelines set forth below are intended to assist faculty members, staff members and students in lawfully using copyrighted materials. These guidelines set forth examples when use of a copyrighted work for educational purposes is considered a "fair use," and thus permission from the owner is not necessary. These guidelines are provided for informational purposes only and do not constitute legal advice. Use of copyrighted work beyond these guidelines may still constitute fair use when applying the four-factor test set forth in the SCAD Copyright Compliance Policy. However, when in doubt or if the use is clearly not a fair use, obtain permission from the owner before using the copyrighted work. Professors are encouraged to document their use of copyrighted materials in the classroom (physical or digital) in case any questions come up.

Print media
A. When used for research purposes.
Faculty members and students may make a single copy of any of the following copyrighted work for research purposes only:

  • A chapter from a book (never the entire book);
  • An article from a periodical or newspaper;
  • A short story, essay or poem (limit to one work);
  • A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper;
  • Poetry (multiple copies of a poem of 250 words or less that exist on two pages or less or 250 words from a longer poem);
  • Prose (multiple copies of an article, story or essay that are 2,500 words or less or excerpts up to 1,000 words or 10 percent of the total work, whichever is less); and
  • Illustrations (multiple copies of a chart, graph, diagram, drawing, cartoon, or picture contained in a book or periodical issue).

B. When used for face-to-face classroom discussions and course-packs.
Faculty members may make multiple copies (not to exceed in any event more than one copy per student in a course) of copyrighted work for face-to-face classroom use or discussion provided that:

  • The copying meets the tests of brevity and spontaneity (see requirements below);
  • The copying meets the cumulative effect test (see requirements below); and
  • All copies should include a notice that the materials are protected by copyright law.

Examples of works that satisfy the brevity test include:

  • A complete poem if less than 250 words and if printed on not more than two pages or, from a longer poem, an excerpt of not more than 250 words.
  • Either a complete article, story or essay of less than 2,500 words, or an excerpt from any prose work of not more than 1,000 words or 10 percent of the work, whichever is less, but in any event a minimum of 500 words.
  • One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.

To satisfy the spontaneity test:

  • The copying must be at the instance and inspiration of the faculty member, and
  • The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

To satisfy the cumulative effect test:

  • Limit the copies made to one course;
  • Do not copy more than one short poem, article, story, essay or two excerpts from the same author, or more than three from the same collective work or periodical volume during one class term (does not apply to current news periodicals and newspapers); and
  • Do not make multiple copies more than nine times for one course during one class term (does not apply to current news periodicals and newspapers).

When making multiple copies avoid:

  • Copying different materials as a substitute for the purchase of books, publisher's reprints or periodicals;
  • Copying to create, replace or substitute for anthologies, compilations or collective works;
  • Copying "consumable" work (i.e., workbooks, exercises, standardized tests and test booklets and answer sheets); and
  • Charging students beyond the actual cost of the photocopying.

Faculty members should obtain permission before making multiple copies when: the work is used for commercial purposes (i.e., for profit); the work is used repeatedly (i.e., for the same class from quarter to quarter or for several different courses at the same or different institutions); or the work is used in its entirety and it is longer than 2,500 words.

Digital images and the Internet
The same copyright protections exist regardless of whether the work is in a database, CD-ROM, bulletin board or on the Internet. The Internet is NOT public domain, and it contains both uncopyrighted and copyrighted materials. When using digital images, faculty members, staff members and students should assume that the work is copyrighted and adhere to the following guidelines:

When making a copy or downloading an image from an electronic source, find out if the owner provides information on how to use the work (e.g., is the image available for sale or license?). If explicit guidelines exist, follow them (e.g., purchase or license the image). If not, then digitize and use the image in accordance with the following limitations:

  • Limit access to all images except small, low resolution "thumbnails" to students enrolled in the class and administrative staff as needed and terminate access at the end of the class term;
  • Faculty members can use images at peer conferences; and
  • Students may download, transmit and print out images for personal study and for use in the preparation of academic course assignments and other degree requirements; publicly display images in work prepared for course assignments; and keep work containing images in their portfolios.

When using digital images (whether licensed or not), always include any copyright notices contained on the original and properly credit the source. Do not:

  • Post copyrighted material on a Web site (regardless of whether the Web site is for personal use or used in connection with SCAD); and
  • Download, copy, share or distribute unlicensed copies of software, pictures, MP3s, movies, games, music, electronic books and other copyrighted materials.

eLearning
When using copyrighted work in eLearning, small portions, limited times and limited access are the key.

  • Incorporate performances of copyrighted work sparingly and only if a faculty member of SCAD possesses a legal copy of the work (i.e., by purchase, license, fair use, interlibrary loan, etc.);
  • Include a notice to students that the materials are copyrighted, and that students may not save the materials to their computers, revise, copy or distribute the materials;
  • Limit access to students enrolled in the class and administrative staff as needed;
  • Terminate access at the end of the class session; and
  • Obtain permission for materials that will be used repeatedly for the same class.

Multimedia projects
Faculty members and students may use limited amounts of copyrighted materials when creating multimedia projects. Multimedia projects are integrated presentations that incorporate the faculty member's or student's original material (e.g., course notes or commentary) with various copyrighted media formats, including, but not limited to, motion media, music, text material, graphics, illustrations, photographs and digital software.

Student guidelines
Students may:

  • Use copyrighted work when producing a multimedia project for a specific course; and
  • Perform and display their own projects and use them in their portfolio or use the project for job interviews or as supporting materials for application to graduate school.

Faculty guidelines
Faculty members may:

  • Use copyrighted work when producing a multimedia project for their teaching in support of curriculum-based instructional activities; and
  • Use their project for (i) assignments for student self-study; (ii) remote instruction, provided the network is secure and is designed to prevent unlawful copying; (iii) conferences, presentations or workshops; and (iv) their professional portfolio.

Time restrictions
The fair use of copyrighted material in multimedia projects lasts for two years only. After two years, obtain permission before using the project again.

Limitations
When using copyrighted work in a multimedia project for educational purposes pursuant to these guidelines, limit use of the copyrighted work as follows:

  • Motion media — up to 10 percent of the total or three minutes, whichever is less;
  • Text material — up to 10 percent of the total or 1,000 words, whichever is less. An entire poem of less than 250 words may be used, but no more than three poems by one poet or five poems by different poets in an anthology. For poems exceeding 250 words, 250 words should be used but no more than three excerpts from one poet or five excerpts from different poets in the same work;
  • Music, lyrics and music video — up to 10 percent of the work but no more than 30 seconds of the music or lyrics from an individual musical work;
  • Illustrations or photographs — no more than five images from one artist or photographer and no more than 10 percent or 15 images, whichever is less, from a collection; and
  • Numerical data sets — up to 10 percent or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table.

Obtain permission when:

  • Using the project for commercial or non-educational purposes;
  • Making more than two copies of the project; or
  • Distributing the project beyond the scope of the guidelines.

Music
Faculty members, staff members and students should limit the use of copyrighted music as follows:

  • Sheet music can be copied only for performances and in emergencies to replace purchased copies that for any reason are not available (replace emergency copies with purchased originals when available);
  • A single copy of recordings of student performances can be made for evaluation or rehearsal purposes and may be retained by SCAD or the faculty member; and
  • A single copy of a sound recording (such as a tape, disc or cassette) can be made for classroom use provided the original is owned by SCAD or the faculty member.

Always include any copyright notice on the original and appropriate citations and attributions to the source.

Photocopying policy for copyrighted material
The Savannah College of Art and Design, in compliance with U.S. copyright law, does not permit the reproduction of any copyrighted material without written consent of the author, artist and/or publisher. This includes, but is not limited to, chapters from books, out-of-print books, articles from journals, periodicals, newspapers and magazines, graphics, illustrations, charts and tables, works of art, sheet music, case studies, Internet content, and manuals. In accordance with college policy, the college printing department does not reprint copyrighted materials. The college provides a solution for staff and professors who need to distribute excerpts from published materials to students. The college’s bookstore contracts with a private publishing company to create custom course packets. The company obtains copyright permission from appropriate sources and collates published materials into custom packets that students may purchase from the bookstore. To create custom course packets, professors must complete order forms and submit all materials for copying to the bookstore no less than six weeks prior to the start of each quarter. Reorders of packets may be made each quarter using the assigned document number, including any additions or deletions to the materials. Reorders also must be submitted no less than six weeks prior to the start of each quarter, as written permission to copy materials must be obtained each quarter. Professors and employees who have questions concerning the process for obtaining custom course packets, or the college’s photocopying policy, should call the dean of communications at 912.525.5225.