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Copyrighted Materials |
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MEMORANDUM
The purpose of this memorandum is to give you an overview of the copyright laws of the United States as they apply to photocopying. All faculty and staff need to recognize that unauthorized copying of copyrighted materials is illegal. In May 1989, a copyright infringement suit was filed by eight major book publishers against Kinko's Graphics Corporation. Kinko's had copied excerpts from books without permission, compiled them into university course packets, and sold them to college students. On March 28, 1991, Kinko's was found to be in violation of the "fair use" provisions of the copyright law and damages were initially placed at over $500,000. In reaction to this ruling, it became imperative for the University of Kentucky to review current policies to protect itself against possible charges of copyright infringement in the future. Normally, permission must be obtained from the copyright owner before duplicating a copyrighted work. There is an exception to the general rule requiring permission called "fair use". This exception will often come into play for classroom and teaching purposes. Attached is an excerpt from the legislative history of the Copyright Revision act of 1976 entitled "Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions with Respect to Books and Periodicals". This should help to identify whether material can or cannot be legally copied under the "fair use" doctrine. Please be aware that if you make an unauthorized copy of copyrighted material, you may be personally liable. The University of Kentucky's central duplicating shops require written permission from the copyright holder prior to copying material as outlined in the Guidelines unless "fair use" guidelines are met. An important element of the policy is that all "anthologies" prepared by central duplicating must have permission letters for all copyrighted components. Colleges and departments that operate their own duplicating or copying machines should adopt similar policies and guidelines so that the copyright law will not be violated. If you have any questions or need further clarification, please contact University Publishing Services at 257-3492 |
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Questions/Comments · Copyright ©
An Equal Opportunity University,
University of Kentucky, College of Agriculture
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