Procedure for Copyright Clearance
University Store respects the intellectual property of others as outlined in the appropriate laws and statutes. It abides by fair use doctrine outlined in Federal Law. This allows for faculty members to be able to make limited numbers of copies for students involved in classroom activities provided that copying is spontaneous and brief. At the University Store web page ( http://orgs.bloomu.edu/cga/store.html) there are a series of articles on copyright applications as well as frequently asked questions.
Below is a general outline of the procedures that should be followed in order to have duplicated materials available for students in a timely manner.
A faculty member prepares class related materials.
A. Class materials are presented to the University Store for approval prior to duplicating. One of four options apply.
Copyright. The faculty member holds the copyright to the material. The store will forward the material to the Duplicating Center with the appropriate clearance.
Public Domain. Materials that are in the public domain because of expiration of copyright or because they have been explicitly put in the public domain by the author of the material, can be copied upon assurance of meeting the public domain standard. This may include a statement from the author that the material is available for free use. Alternately, it may include a demonstration that the copyright has expired. If a work is for hire, the term is the shorter of 75 years from publication or 100 years from creation. For other works, unless published anonymously or under a pseudonym, copyright lasts until 50 years after the death of the last survivor.
Certification of Originality. The faculty member will acknowledge that the material is his or her original work and complies with the fair use standards of copyright law by signing a statement to that effect. The Certification of Originality will be provided to the Duplicating Center along with the appropriate clearance before duplicating.
Copyright Clearance. The faculty member knows that all or part of the materials contain copyrighted materials. The material is delivered to the University Store along with the necessary bibliographic citations. Store personnel will work to acquire the necessary copyright approvals. (This process may require some time depending on the agreements entered into by the holder of the copyright. The additional cost for copyright clearance will be added to the final cost of each book.) The faculty member will be notified when approvals have been obtained. The Copyright Clearance will be provided to the Duplicating Center along with the appropriate clearance before duplicating can begin.
B. A faculty member prepares material and has it copied and bound outside of University Duplicating. The duplicated material is delivered to the University Store for sale on consignment.
If the material is copyrighted then it will be accepted and sold. If the material is not copyrighted the faculty member will be asked to sign a Certification of Originality as above (A.1.b) or demonstrate that the material is in the public domain. If the material does not have a copyright, is not the original work of the faculty member, and is not in the public domain, the faculty member may provide the bibliographical information necessary for the University Store to complete copyright clearance. The material will not be sold in the store until the clearance is received.
In the area of copyright law there are many questions concerning fair use, public domain and other legal doctrines that are outside the scope and knowledge of the staff of the store. All questions not resolved by the store will be referred to the Assistant Vice President for Graduate Studies and Research.
A copy of the "Duplicating Services Quick Copy Form" which includes copyright approval can be found on the "S" drive under BU Document.