I.
USE OF COPYRIGHTED MATERIALS FOR PUBLICATION
II.
USE OF NON-COPYRIGHTED MATERIAL FOR PUBLICATION
III.
USE OF COPYRIGHTED MATERIALS FOR PROGRAMS AND OTHER PURPOSES
IV.
COPYRIGHT POLICY ON MATERIAL PREPARED BY STAFF
V. COPYRIGHTS ON
COMPUTER PROGRAMS
VI. REFERENCES
I. USE OF COPYRIGHTED MATERIALS FOR PUBLICATION
The owner of copyrighted material has a property right
therein; hence, copyrighted material will not knowingly be
incorporated in publications or other works except with the
written consent of the copyright owner.
The following checklist should be observed in requesting
free license to use copyrighted material:
A. The request will be for no greater right than actually
needed.
B. The request will fully identify the material for which
permission to publish is granted.
C. The request for license will explain the proposed use
and explain the credit to be given so that the
licensor need only give consent.
D. The request must be submitted in duplicate to the
copyright owner, who may retain one copy and return
the other copy with the consent written on it.
E. A self-addressed return envelope should be used.
F. If copyrights must be purchased, the following
circumstances might apply:
1. Where the extent of the publication rights
desired would make it inequitable to request a
free license.
2. When the copyright owner refuses to grant a free
license and it is determined that the official
use of the copyrighted material is essential or
desirable.
II. USE OF NON-COPYRIGHTED MATERIAL FOR PUBLICATION
Even though material from original writings in the public
domain can be used without permission, it is a courteous
gesture to ask permission of the publisher or author before
quoting extensively from such material and to send the
author a copy of the relevant part of the subsequent
publication with such quotations marked. In any case,
credit should be given to the original source.
III. USE OF COPYRIGHTED MATERIALS FOR PROGRAMS AND OTHER PURPOSES
The following guidelines were developed in connection with
the new Federal copyright law, which became effective
January 1, 1978. While these guidelines were developed for
the normal classroom situation, they are applicable to and
are to be followed by Cooperative Extension appointees
whenever they are using copyrighted material for use in
educational presentations.
A. Single Copying
A single copy may be made of any of the following for
research or for use in instructional programs:
1. A chapter of a book.
2. An article from a periodical or newspaper.
3. A short story, short essay, or short poem,
whether or not from a collective work.
4. A chart, graph, diagram, drawing, cartoon, or
picture from a book, periodical, or newspaper.
B. Multiple Copies for Classroom Use
Multiple copies (not to exceed in any event more than
one copy per participant in a program) may be made for
the Cooperative Extension staff member giving the
educational presentation, provided that
1. The copying meets the tests of brevity and
spontaneity as defined below,
2. Meets the cumulative effect test as defined
below, and
3. Each copy includes a notice of copyright.
4. Definitions:
a) Brevity
1) Prose: 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, but in
any event a minimum of 500 words.
(This limit may be expanded to permit
the completion of an unfinished
paragraph.)
2) Poetry: A complete poem with 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.
(This limit may be expanded to permit
the completion of an unfinished line of
a poem.)
3) Illustration: One chart, graph
diagram, drawing, cartoon, or picture
per book or per periodical issue.
4) "Special" Works: Certain works in
poetry, prose, or in "poetic prose"
which often combine language with
illustrations and which are intended
sometimes for children and at other
times for a more general audience, fall
short of 2,500 words in their entirety.
Paragraph 1) above notwithstanding,
such "special works" may not be
reproduced in their entirety; however,
an excerpt comprising not more than two
of the published pages of such special
works and containing not more than 10
percent of the words found in the text
thereof, may be reproduced.
b) Spontaneity
1) The copying is at the instance and
inspiration of the individual teacher
or academic appointee,
2) 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.
c) Cumulative Effect
1) The copying of the material is for only
one course (program) in the school in
which the copies are made.
2) Not more than one short poem, article,
story, or essay, or two excerpts may be
copied from the same author, not more
than three from the same collective
work or periodical volume during one
class term.
3) There shall not be more than nine
instances of such multiple copying for
one course during one class term.
(The limitations stated in 2) and 3)
above shall not apply to current news
periodicals and newspapers and current
news sections of other periodicals.)
C. Prohibitions as to A) and B) above
Notwithstanding any of the above, the following shall
be prohibited:
1. Copy shall not be used to create or to replace or
substitute for anthologies, compilations, or
collective works. Such replacement or
substitution may occur whether copies of various
works or excerpts therefrom are accumulated or
reproduced and used separately.
2. There shall be no copying of or from works
intended to be "consumable" in the course of
study or of teaching. These include workbooks,
exercises, standardized tests and test booklets,
answer sheets, and like consumable material.
3. Copying shall not
a) Substitute for the purchase of books,
publisher's reprints, or periodicals,
b) Be directed by higher authority, or
c) Be repeated with respect to the same item by
the same teacher from term to term.
4. No charge shall be made to the student beyond the
actual cost of the photocopying.
IV. COPYRIGHT POLICY ON MATERIAL PREPARED BY STAFF
In conformity with University of California copyright
policy, it is the policy of the Division that copyrightable
material in the form of books, pamphlets, leaflets, etc.,
architectural and engineering designs, or other works of
comparable types developed by employees as a part of their
Division-assigned responsibilities shall be the property of
the University. Copyrightable material developed by
employees whether in conjunction with or aside from their
official employment responsibilities utilizing University
funds or University equipment and facilities of the
Learning Resources, Media, and Computer Centers, or other
University production facilities shall be the property of
the University. All such copyrightable material shall, at
the University's option, be copyrighted in the name of The
Regents of the University of California. Division practice
is to copyright all sales publications.
It is the policy of Cooperative Extension to provide the
broadest possible dissemination of educational material,
and thus, unless there are special circumstances, free
materials will be published without copyright. Cooperative
Extension non-copyrighted publications are considered
public property and should be made available to the public
for reproduction without restriction. Persons wishing to
reproduce leaflets and other non-copyrighted publications
should be encouraged to do so with the request that
Cooperative Extension be given appropriate credit. Persons
wishing to reproduce material from copyrighted publications
should be referred to the Manager of Agriculture and
Natural Resources Publications. Copyrightable material
developed by employees of the Division outside of the
normal course of their university assignment and not a part
of their normally expected work assignment may be
copyrighted by the individual. Questions concerning
copyrights should be forwarded to the Assistant Vice
President--Administration.
V. COPYRIGHTS ON COMPUTER PROGRAMS
It is the policy of the Division of Agriculture and Natural
Resources that copyrightable computer programs, data bases,
and software packages developed by Division staff within
the course and scope of their employment, utilizing
University funds, staff, computer hardware, or other
equipment and facilities, shall be the property of the
University, as will ownership of copyright to these
computer programs, data bases, and software packages. At
the option of the University, they shall be copyrighted in
the name of "The Regents of the University of California"
as works made for hire.
In keeping with this policy, all computer programs, data
bases, and software packages prepared by the staff of the
Division shall be annotated at the start and the finish
with "Copyright The Regents of the University of
California, (year)." Should it be anticipated that the
material will be of external or commercial interest,
copyright registrations shall be handled by the Program
Computer Support unit.
Technical information and assistance regarding copyright
matters on computer material can be obtained from the
offices of the Director--Patent, Trademark and Copyright,
University of California, Office of the President, (415)
748-6600.
A. University Copyright Policy - August 1, 1975.
B. University of California Policy on the Reproduction of
Copyrighted Materials for Teaching and Research -
April 1986.
C. Guidelines for the Reproduction of Copyrighted
Materials for Teaching and Research - April 1986.
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January 1991