1) Brevity Guidelines
a) A complete poem if less than 250 words and if printed on not more than two pages; or
b) A portion of a longer poem, an excerpt of which is not to exceed 250 words.

Prose:

Illustrations: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical publication issue.

Combinations: Certain works in poetry and/or prose may combine language wiLh illustrations and fall short of 2,500 words in their entirety. Prose brevity guidelines notwithstanding, "combination works" may not be reproduced in their entirety.

a. An individual educator may duplicate:

1) Emergency copies for an imminent performance, provided that copies of the sheet music or recorded music are purchased in a timely manner to replace the emergency copies.

2) For academic purposes other than performances, single or multiple copies (one per student) of excerpts not constituting an. entire performance unit or more than ten percent of the total work.

3) Edited or simplified purchased sheet music, provided that the fundamental character of the work is not distorted and that lyrics, if any, are not altered or added.

4) A single copy of a recorded performance by students that is to be retained by the institution or an instructor for evaluation or rehearsal purposes.

5) A single copy of recordings of copyrighted music owned by the institution or an instructor for constructing aural exercises or examinations and retained for that purpose.

b. An individual educator may not duplicate:

1) In order to replace or substitute for anthologies, compilations or collective works.

2) From works intended to be "consumable," such as workbooks, exercises, standardized tests and answer sheets.

3) For purposes of performance, except as noted above, in an emergency.

4) In order to substitute for the purchase of music.

5) Without inclusion of the copyright notice on the copy.

a. An individual educator may make a single copy:

1) For academic purposes other than performance a portion of a sound recording for a student, provided that the portion does not comprise a part of the whole which constitute a performable unit and in no case more than ten percent of the whole work. This copy can be used only in the educational context in which it was made and may not be sold or performed for profit.

2) Of recordings of performances by students for evaluation or rehearsal purpose, which may be retained by the institution for such purposes.

3) Of the sound recording of copyrighted music or a portion thereof from sound recordings owned by an educational institution or an individual instructor for the purposes of constructing aural exercises or examinations and which may be retained by the institution for such purposes.

a. An individual educator may:

1) Allow a student to make a single copy of a small portion of a copyright film, videotape or filmstrip for legitimate scholarly or research purposes if the material is owned by the institution.

2) Duplicate a single copy of a small portion of a film or filmstrip for scholarly or teaching purposes.

3) Create a slide or overhead transparency series from multiple sources as long as creation does not exceed ten percent of the photographs from one source (book, magazine, filmstrip, etc.) unless the source forbids photographic reproduction.

4) Create a single overhead transparency from a single page of a "consumable" workbook.

5) Excerpt sections of a film for a local videotape (not to shown over cable), if the excerpting does not exceed ten percent of the total nor excerpt "the essence" of the original work.

6) Reproduce selected slides from a series if reproduction does not exceed ten percent of the total work and does not excerpt "the essence" of the original work.

b. An individual educator may not:

1) Reproduce an audio-visual work in its entirety.

2) Convert one media format to another (e.g., film to videotape) unless prior written permission is secured.

3) Copy any portion of a film, videotape or filmstrip sent to the institution for preview or rent, or owned by another institution, without the express written permission of the copyright holder.

4) Use a rented videotape within the classroom without the express written permission from the copyright holder. It is’ the responsibility of the instructor to provide an original of the express written permission to the appropriate division dean.

a. An individual educator may:

1) Record a broadcast program off-air simultaneously with broadcast transmission and retain the recording for a period not to exceed the first 45 consecutive calendar days after the date of the broadcast. At the conclusion of the retention period, all off-air recordings shall be erased or destroyed. Individuals who wish to retain programs beyond the 45-day period need to obtain written approval of appropriate copyright holders.

Note: Broadcast programs are programs transmitted for reception by the general public without charge. Copying or use of subscription programs transmitted via subscription cable or satellite services (e.g., HBO or Showtime) is illegal.

2) Use off-air recordings once for each class in the course of relevant teaching activities during the first ten consecutive school days in the 45-day retention period and repeat once only when instructional reinforcement is necessary.

3) After the first ten consecutive school days, use off-air recordings to the end of the 45-calendar day retention period for evaluation purposes only (i.e., to determine whether the program should be purchased for the curriculum.) The program may not be used for any non-evaluation purpose without written authorization.

4) Use copies of off-air recordings, as stipulated in these guidelines, only if the copies include the copyright notice on the broadcast program.

5) Request that off-air recording be made for fair use. A limited number of additional copies may be reproduced to meet the legitimate needs of instructors under these guidelines. Additional copies are subject to all the provisions governing the original copy. No broadcast program may be recorded off-air more than once at the request of the same instructor.

6) Request that a library or media center record and retain for research purposes commercial television news programs from local, regional or national networks; interviews concerning current events; and on-the-spot coverage of news events. However, documentary, magazine-format and public affairs broadcasts are not included in the definition of daily newscasts of major events of the day.

a. In general, the use of computer software is made possible by virtue of licensing agreements set forth by the manufacturer or distributor of the software. Such licensing agreements cover specific types of uses including, but not limited to, the following:

1) Use on a single computer at one time;

2) Use on multiple computers at the same time, the maximum number of which is stated in the specific licensing agreement;

3) Use on one or more networks of computers as specified in the licensing agreement;

4) Unlimited uses of the software as set forth in the licensing agreement;

5) A combination of 2 and 3 above; and

6) Other uses specifically allowed by a particular licensing agreement.

b. The individual licensing agreements also set forth the conditions for making archival copies of the software. Individual educators in the San Mateo County Community College District must abide by the appropriate licensing agreements for all software used in the District. In addition, individual educators, staff and managers may not grant permission to students or others to copy software unless such copying is specifically allowed by an appropriate licensing agreement.

1) Make copies to take the place of books, publishers’ reprints, periodical, and anthologies, compilations or collective works (i.e., substitute for purchase).

2) Copy from works intended to be consumable in the course of study or teaching, such as workbooks, exercises, standardized tests, test booklets and answer sheets.

3) Make copies as directed by higher authority.

4) Make copies of the same item from term to term.

5) Charge a student beyond the actual cost of copying, including materials and labor.

6) Make multiple copies of a work from the same author more than once in a class term or from a collective work more than three times a semester or term.

7) Make multiple copies of works more than nine more times in a semester or term.

1) Arrange for interlibrary loans of photocopies of works requested by users, provided that copying is not done to substitute for subscriptions to or purchase of a work.

2) Within any calendar year, make for a requesting entity five copies of any article or articles published in a given periodical within the last five years prior to the date of the request for the material.

3) Make single copies of articles or excerpts of longer works for a student making a request, provided the material becomes the property of the student for private study, scholarship or research.

WARNING CONCERNING COPYRIGHTING RESTRICTIONS

The copyrights law of the United States (Titled 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.

Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or other reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for and later uses a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.

This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law. On the other hand, an employee with responsibilities for duplication who carries out a copying request from another employee which is later found to be an infringement of copyright law will not be held responsible for that infringement.