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As an academic institution, we recognize the intellectual
property of fellow colleagues and scholars for the value that
it carries.
Far too often it occurs that the work of an individual is
reproduced without proper consent. This is not only illegal
and a violation
of copyright law, it contradicts the fundamental mission of
academic learning, which professes respect for ideas and the
medium
in which these ideas are expressed. Therefore, UCSB Custom
Publishing obtains permission for all material that is reproduced.
In adhering to copyright laws, we ensure that all of the materials
that we sell are sold legally, and that the writers of the
material receive acknowledgment for their contributions.
Copyright laws exist to encourage and protect the creation
of all forms of intellectual property, including books, articles,
and poetry. Simply stated, copyright laws promote the concept
of giving credit where credit is due.
Copyright laws ensure that fair returns are made to the copyright
owners - either the publishers or the authors, or both.
Unlawful reproduction of copyrighted material infringes on
the rights of the creators of the material and hinders the
future production of intellectual materials.
Q. As a faculty
member, can I make and distribute copies of works with copyright
if I am only using them
for educational purposes (i.e., distributing them free of
charge to my students)?
A.
Not necessarily. The "fair use" doctrine allows
limited copying of materials for classroom use under the conditions
of brevity, spontaneity, and the cumulative effect:
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Brevity relates to the length of the work in question. For
example, a professor may make copies of a complete poem if
less than 250 words or an excerpt of a longer poem, not more
than 250 words. A professor may copy an 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% or the work,
whichever is less. A professor may make limited copies of
one chart, graph, diagram, drawing, cartoon, or picture per
book or per periodical issue.
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Spontaneity means that the copying occurs at the instance
and inspiration of the professor. The decision and inspiration
to use the material occurs so close to the time the material
is needed as a teaching tool that it becomes unreasonable
to
expect a timely permission response. An example of a spontaneity
is a case in which a professor reads an article from
the Los Angeles Times that would help illustrate a point to
be made in his/her next lecture. Spontaneity does not occur
when a professor decides three weeks in advance to copy an
article from Fortune Magazine.
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The cumulative effect of copying involves several issues:
the number of copies cannot exceed the number of students
enrolled in the course; neither more than 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. Specifically,
there cannot be more than nine instances of multiple copying
for one course during one class term.
Q. How do
I find out if a work is copyrighted?
A.
Most published works contain a copyright notice, either on
the title page or the acknowledgments page. If you have a
photocopy of the work, you should go to the original source
for the copyright citation. Note: the copyright citation may
not accurately indicate the copyright owner. For example,
many authors do not own the copyrights to their own works.
A citation may indicate a particular publisher, but the rights
may have reverted to a different publisher. The
best method
for determining copyright ownership involves contacting the
publisher of the material you wish to use. When in doubt,
always seek permission.
Q. What is
copyright compliance?
A. The first step involves
requesting permission from the copyright owner(s). Copyright
owners require complete
bibliographic information, as well as the number of students
in the class in order to grant or deny permission. Once the
copyright owners decide, they will mail or fax contracts stipulating
the terms of the agreement. The agreement is for
one term only (not ensuing terms) and is limited to the number
of copies requested. The agreement will also stipulate
a royalty that must be paid to the copyright owner(s). Note:
Verbal permission is not a legal means of compliance, a
hard copy is required (i.e. a contract or a letter from the
copyright owner(s).
Q. How long
does it take to get permission?
A. That depends on the
copyright owner. Some publishers take several weeks to return
a permission. The Copyright
Clearance Center (CCC) handles several publishing companies
and can often turn around permissions in 48 hours.
However, this turnaround is not guaranteed during peak times
such as the beginning of a new quarter. Many publishers
are not affiliated with CCC and must be contacted individually.
A general rule of thumb is to allow at least four weeks
for the permissions process.
Q. I don't
have time to deal with this process; what are my options?
A. Contact Custom Publishing
at the UCSB Bookstore. Custom Publishing will pursue all copyright
permission,
discuss royalty prices, and print the materials to your specifications.
The students may then purchase the course
packs with their textbooks.
> Turn in
your packet request before or with your text adoption request.
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If your packet involves copyrights, allow ample time to pursue
permissions. The earlier you request
permission, the more time you have to make substitutions should
your request be denied.
Q. What information
should I provide to the Custom Publishing Department?
A. Submit the following
information:
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Author's, editor's, and/or translator's full names.
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Title, edition and volume number of book or journal.
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Copyright date.
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ISBN for books, ISSN for magazines and journals.
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Exact page numbers for text and figures and illustrations.
(Many publishers charge royalties on a per page basis).
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If you are requesting a chapter or more, exact chapters and
exact page numbers are needed.
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Number of copies to be made (the cap of your anticipated enrollment
is needed because some publishers charge
on a per copy basis rather than grant blanket agreements).
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The course name and number.
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Quarter and year to be used.
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Instructor's full name, office address, and campus phone number.
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