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Printing & Reprographics



UC Reprographic Guidelines


UC Business and Finance Bulletin BUS-53, Reprographic Guidelines

 

References

  1. Business and Finance Bulletin A-47, University Direct Costing Policy.

  2. State of California Information Practices Act (Government Codes 1798.60 & 1798.62).

  3. State of California Public Records Act (Government Code 6254.3).

  4. Copyright Act of 1976 (Title 17 United States Code).

  5. University of California Policy on the Reproduction of Copyrighted Materials for Teaching and Research (April 29, 1986).

  6. University of California Policy on Copyright Ownership (August 19, 1992).

  7. Campus Reprographic Services
    The Chancellor may establish a central reprographic unit to provide duplication/printing service to campus users.

  8. General Requirements
    The following requirements regarding reprographic services shall be observed by campuses and shall guide campus policies and procedures in that area.

    1. Campus procedures shall be established to review and approve all requests for high volume duplicating equipment (defined as rated by the manufacturer to produce more than 100,000 copies per month) and any printing equipment. The reprographic manager, or his/her designee, shall participate fully in that procedure.
    2. Campus procedures shall be established to inform the campus community of and to assist with compliance with copyright requirements.
    3. Reprographic managers shall coordinate with campus Environmental Health and Safety departments to ensure that all hazardous materials associated with the campus reprographic operations are obtained, stored, used, and disposed of according to existing laws and regulations.
    4. The Chancellor shall designate a campus unit, other than the reprographics unit, to interpret copyright law, provide guidance on compliance, and consult with General Counsel staff, as necessary.
  9. Copyright
    The purpose of this section is to provide instruction for teaching and research on proper photocopying of copyrighted materials as required by the Copyright Act of 1976.

    Copyright is a property right, granted by Federal statute, designed to give copyright owners certain exclusive rights with respect to the owner's original work. These include exclusive rights to reproduce, prepare derivative works, distribute by sale or otherwise, perform publicly (plays, music, etc.), and display publicly (art).

    An exception to the exclusive rights granted to an owner is the doctrine of "fair use" which permits certain limited copying of copyrighted works for educational or research purposes without the permission of the owner. The guidelines below are to be used to determine whether copying of each piece of copyright material is within the fair use doctrine. If not, permission must be obtained from the owner before any copes are made.

    Before copying any copyrighted document, the reprographic unit and/or any campus copy center must have either a copy of the copyright owners permission or a signed statement from the instructor that the material meets the fair use standards. Readers, course packs, anthologies, compilations, compendia, etc. are not eligible to be copied under the fair use standards and permission must be obtained from the copyright owner.

    Neither the reprographic unit nor any campus copy center shall be responsible for interpreting copyright law or determining compliance.

    Below are three categories of materials. University documents will fall into one of them and must be treated accordingly:

    1. Unrestricted Photocopying
      1. Works that entered the public domain may be reproduced without restriction. Any work published in the U.S. before January 1, 1978 without a copyright notice has entered the public domain.

        Works in the public domain are not protected by copyright and do not bear a copyright notice, which consists of the copyright symbol (a letter "c" in a circle, the word "Copyright" or the abbreviation "Copr.") plus the year of first publication, for books, and the name of the copyright owner.
      2. Works with expired copyrights may be reproduced without restriction. U.S. copyrights more than 75 years old may be assumed to have expired.
      3. Most U.S. government publications may be reproduced without restrictions because they are not copyrightable. A small percentage of government works are prepared by outside authors on contract to the government and, if copyrighted, will include a copyright notice in front or back.
    2. Copying Requiring Prior Written Permission from the Owner
      1. Copying for profit: If students are charged more than the actual cost of photocopying, the resulting income is considered profit. This applies to copies made by a commercial copy center or University facilities and distributed either by the copier or by the instructor.
      2. Unpublished works: The law gives automatic copyright protection to unpublished works from the time they are created until they are published. Unpublished works such as theses and dissertations are protected under the existing act for the life of the author plus fifty years.
      3. Special works: In some cases, specialized materials such as maps, anatomical diagrams, and drawings are copyrighted separately even though they appear in a textbook or other printed work. In this case, no reproduction of the work would constitute fair use and permission must be obtained for even one copy.
      4. Consumable works: Written permission must be obtained before making multiple copies of copyrighted works which are intended to be consumed in the classroom, such as workbooks, exercises, and standardized tests and their answers.
    3. Copying Under the Fair Use Standards
      The following guidelines state the standards of educational fair use:
      1. Single Copying for Instructors
        A single copy may be made of any of the following by or for an instructor at the instructor's individual request for scholarly research or use in teaching or class preparation:
        1. a chapter from a book;
        2. an article from a periodical or newspaper;
        3. a short story, short essay, or short poem, whether or not from collective work; and
        4. a chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.
      2. Multiple Copies for Classroom Use
        Multiple copies for a course may be made by or for the instructor provided that the copying:
        1. meets the tests of brevity and spontaneity as defined (see Section III. Definitions);
        2. meets the cumulative effect test as defined (see Section III. Definitions); and
        3. each copy includes a notice of copyright.
      3. Prohibitions
        1. Copies from various works (or excerpts therefrom) shall not be used to create or replace or substitute for anthologies, compilations, or collective works, regardless of whether the copies are assembled or reproduced and used separately.
        2. No copies shall be made of works intended to be consumable (workbooks, exercise, standardized tests booklets, answer sheets, and like materials).
        3. Copying shall not substitute for the purchase of books, publishers' reprints, or periodicals.
        4. The same item shall not be copied by the same instructor for more than two consecutive quarters/semesters or for more than one course per quarter/semester.
        5. Charges for the copies will not exceed the actual cost of photocopying.
        6. Copying a course pack (reader, compendium, custom text, etc.) is prohibited because it violates a. above and, therefore, does not meet the fair use requirements.
  10.  

    Definitions

    1. Brevity: the portion of a copyrighted work which can be copied under the fair use standards.
      1. Poetry:
        1. a complete poem if it is less than 250 words and not more than two printed pages long;
        2. an excerpt of not more than 250 words from a longer poem.
      2. Prose:
        1. if a complete article, story or essay is less than 2,500 words, the entire work may be copied;
        2. an excerpt of not more than 1,000 words or 10%, which ever is less from a longer work.

          (Each of the limits stated in 1. and 2. above may be expanded to permit the completion of an unfinished line of a poem, of a short unfinished poem, or of an unfinished prose paragraph.)
      3. Illustration: one chart, graph, diagram, drawing, cartoon, or picture per book, article, essay, or periodical issue.
    2. Cumulative Effect: the number of times, in one quarter/semester, that an author or particular work can be copied under the fair use standards.
      1. Copies of any material (single document or set of documents) may be made for only one course per quarter/semester per instructor.
      2. Not more than one short poem, article, story, essay, or two excerpts may be copied from the same author per quarter/semester.
      3. Not more than three excerpts from the same collective work or periodical volume may be copied per quarter/semester.
      4. There shall not be more than nine instances of multiple copying per course per quarter/semester.
      5. The limitations stated in 1. through 4. above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.
    3. Spontaneity: the time between decision to use copies of a work for a course and the instance when it is actually used, as permitted under the fair use standards.
      1. The decision to use a work and the instance when use would occur must be so close in time that it would be unreasonable to expect a timely reply to a request for permission.
  11. Infringement Penalties
    Owners of copyrights can seek to halt infringement by suing for injunctions, impounding or destroying improperly copied material, and seeking payment of court and attorney costs. Additionally, they can sue to recoup actual financial damages suffered by the copyright owner as well as to obtain whatever profits the infringer may have gained. Or owners can claim statutory damages up to ,000 (or up to 0,000 if the infringement was "willful").

    Responsibility for compliance with the copyright law rests with the instructor requesting the copies. The instructor may choose to obtain the necessary permission personally or ask that it be done on the instructor's behalf. Copies of the permission statement shall accompany any request for duplication in University facilities, or the instructor shall be asked to sign a statement that the copying of the material complies with the fair use standards. Responsibility for copyright compliance rests entirely with an instructor who uses a non-University copy vendor.

    University faculty and staff who disregard the fair use standards could be liable under the law. In such instances, if damages are sought against an infringer, the University has no obligation to defend the employee, and any damages awarded would be the personal responsibility of the infringer, or at the discretion of the University and depending upon the circumstances, could be paid from the infringer's department funds. As used here, the infringer is defined as the instructor/faculty member who requested the copies, not the department employee/student who was requested to make them.

 

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Printing & Reprographics
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E-mail: printingrequest@ucr.edu

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