Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions with Respect to Books and Periodicals

The purpose of the following guidelines is to state the minimum and not the maximum standards of educational fair use under section 107 of H.R. 2223. The parties agree that the conditions determining the extent of permissible copying for educational purposes may change in the future; that certain types of copying permitted under these guidelines may not be permissible in the future; and conversely that in the future other types of copying not permitted under these guidelines may be permissible under revised guidelines. Moreover, the following statement of guidelines is not intended to limit the types of copying permitted under the standards of fair use under judicial decision and which are stated in Section 107 of the Copyright Revision Bill. There may be instances in which copying, which does not fall within the guidelines stated below, may nonetheless be permitted under the criteria of fair use. 

[Note: The Digital Millennium Copyright Act (DMCA) and the Sonny Bono Copyright Term Extension Act were passed during 1998. The Technology Education and Copyright Hamonization (TEACH) Act was finalized in 2002 and expands educators right to perform & display works for digital distance education. All three Laws amend the 1976 Copyright Act. Database protection legislation is still being discussed. When guidelines are available, documentation will be included in the CCC Copyright Policy Statement.]

Guidelines

I. Single Copying For Teachers A single copy may be made of any of the following by or for teachers at their individual request for their scholarly research or else in teaching or preparation to teach a class:

a. a chapter from a book;
b. an article from a periodical or newspaper;
c. a short story, short essay, or short poem, whether or not from a collective work;
d. a chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.

II. Multiple Copies For Classroom Use Multiple copies (not to exceed in any event more than one copy per pupil in course) may be made by or for the teacher giving the course for classroom use or for the teacher giving the course for classroom use or discussion; provided that:

a. the copying meets the tests of brevity and spontaneity as defined below; and,
b. meets the cumulative effect test as defined below; and
c. each copy includes a notice of copyright.

Definitions:

Brevity
(i) Poetry: (a) a complete poem if less than 250 words and if printed on not more that two pages or, (b) from a longer poem, an excerpt of not more that 250 words.

(ii) Prose: (a) either a complete article, story, or essay of less than 2,500 words, or (b) an whichever is less, but in any event a minimum of 500 words.
(Each of the numeral limits stated in "i" and "ii" above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph).

(iii) Illustration: one chart, graph, diagram, drawing, cartoon, or picture per book or per periodical issue.

(iv) "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 entirely. Paragraph "ii" 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 work and containing not more than 10% of the words found in the text thereof, may be reproduced.

Spontaneity

(i) The copying is at the instance and inspiration of the individual teacher, and

(ii) 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.

Cumulative Effect

(i) The copying of the material is for only one course in the school in which the copies are made.

(ii) Not more than one short poem, article, story, essay, or two excerpts, may be copied from the same author, nor more that three from the same collective work or periodical volume during one class term.

III Prohibitions As To I and II Above

Notwithstanding any of the above, the following shall be prohibited:

A. Copying 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.

B. 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, and answer sheets and like material.

C. Copying shall not:

(a) substitute for the purchase of books, publishers' reprints, or periodicals;
(b) be directed by higher authority;
(c) be repeated with respect to the same item by the same teacher from term to term.

D. No charge shall be made to the student beyond the actual cost of the photocopying.

Clarification

The concept of "teacher" in these guidelines is considered by the House Judiciary Committee to be defined broadly enough "to include instructional specialists working in consultation with actual instructors" according to Subcommittee Chairman Kastenmeier in a speech on the House Floor (Congressional Record, September 22, 1976, p. H10875).

Videotapes

The library purchases a wide range of educational and entertainment videotapes for inlibrary use and for lending to patrons. Since ownership of a physical object is different from ownership of the copyright therein, guidelines are necessary to define what we can do with the videotapes we own without infringing the copyrights we don't. If a particular use would be an infringement, permission can always be sought from the copyright owner.

In-classroom performance of a copyrighted videotape is permissible under the following conditions:

1. The performance must be by instructors (including guest lecturers) or by students.
2. The performance is in connection with face-to-face teaching activities.
3. The entire audience is involved in the teaching activities.
4. The entire audience is in the same room or same general area.
5. The teaching activities are conducted by a non-profit educational institution.
6. The performance takes place in a classroom or similar place devoted to instruction, such as a library, gym, auditorium, or workshop.
7. The videotape is lawfully made; the person responsible had no reason to believe that the videotape was unlawfully made.

Copyright Law for Off-Air Videotaping

Faculty who wish to record off-air television or satellite programming for instructional purposes must make arrangements for Multi-Media and Distant Learning Services to do the taping. Taping programs off air at home for use in the classroom is not permitted by federal copyright law. Programs taped off air must be used in conformance with the following copyright law guidelines:

1. The programming may be retained for the first forty-five consecutive days after date of recording. At the end of the retention period, all recordings must be erased.
2. Recordings may be used once by individual teachers during relevant teaching activities and repeated once only if instructional reinforcement is necessary during the first ten consecutive school days.
3. Recordings may be made only at the request of, and used by, individual teachers and may not be regularly recorded in anticipation of requests.

For more detailed information regarding the copyright laws as they pertain to off-air recording, contact Multi-Media and Distant Learning Services.

Computer Software

Reproducing computer software without authorization violates the US Copyright Law. It is a Federal offense. The money paid for a software product represents a license fee for the use of one copy. It does not represent an authorization to copy. Civil damages for unauthorized software copying can be as much as $50,000 or more and criminal penalties include fines and imprisonment.

The Teach Act

To amend chapter 1 of title 17, United States Code, relating to the exemption of certain performances or displays for educational uses from copyright infringement provisions, to provide that the making of a single copy of such performances or displays is not an infringement, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the Technology, Education and Copyright Harmonization Act of 2001.

SEC. 2. EXEMPTION OF CERTAIN PERFORMANCES AND DISPLAYS FOR EDUCATIONAL USES.
Section 110(2) of title 17, United States Code, is amended--

(1) by striking the matter preceding sub-paragraph (A) and inserting the following:
(2) except with respect to a work produced primarily for instructional use or a performance or display that is given by means of a copy that is not lawfully made and acquired under this title, and the transmitting governmental body or nonprofit educational institution knew or had reason to believe was not lawfully made and acquired, the performance of a nondramatic literary or musical work or reasonable and limited portions of any other work, or display of a work, by or in the course of a transmission, reproduction of such work in transient copies or phonorecords created as a part of the automatic technical process of a digital transmission, and distribution of such copies or phonorecords in the course of such transmission, to the extent technologically necessary to transmit the performance or display, if--';
(2) in subparagraph (A) by striking all beginning with ``the performance' through ``regular' and inserting the following: ``the performance or display is made by or at the direction of an instructor as an integral part of a class session offered as a regular';
(3) by striking subparagraph (C) and inserting the following:

(C) the transmission is made solely for, and, to the extent technologically feasible, the reception ofsuch transmission is limited to--

(i) students officially enrolled in the course for which the transmission is made; or
(ii) officers or employees of governmental bodies as part of their official duties or employment; and'; and

(4) by adding at the end the following:

(D) any transient copies are retained for no longer than reasonably necessary to complete the transmission; and
(E) the transmitting body or institution--

(i) institutes policies regarding copyright, provides informational materials to faculty, students, and relevant staff members that accurately describe, and promote compliance with, the laws of the United States relating to copyright, and provides notice to students that materials used in connection with the course may be subject to copyright protection; and
(ii) in the case of digital transmissions, applies technological measures that reasonably prevent unauthorized access to and dissemination of the work, and does not intentionally interfere with technological measures used by the copyright owner to protect the work.'.

SEC. 3. EPHEMERAL RECORDINGS.

(a) In General.--Section 112 of title 17, United States Code, is amended--

(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:``(f) Notwithstanding the provisions of section 106, and without limiting the application of subsection (b), it is not an infringement of copyright for a governmental body or other nonprofit educational institution entitled to transmit a performance or display of a work that is in digital form under section 110(2) to make copies or
phonorecords embodying the performance or display to be used for making transmissions authorized under section 110(2), if--

(1) such copies or phonorecords are retained and used solely by the body or institution that made them, and no further copies or phonorecords are reproduced from them, except as authorized under section 110(2);
(2) such copies or phonorecords are used solely for transmissions authorized under section 110(2); and
(3) the body or institution does not intentionally interfere with technological measures used by the copyright owner to protect the work.'.

(b) Technical and Conforming Amendment.--Section 802(c) of title 17, United States Code, is amended in the third sentence by striking
``section 112(f)' and inserting ``section 112(g)'.

SEC. 4. IMPLEMENTATION BY COPYRIGHT OFFICE.

(a) Report.--Not later than 2 years after the date of enactment of this Act, the Copyright Office shall conduct a study and submit a report to Congress on the status of--

(1) licensing by private and public educational institutions of copyrighted works for digital distance education programs, including--

(A) live interactive distance learning classes;
(B) faculty instruction recorded without students present for later transmission; and
(C) asynchronous delivery of distance learning over computer networks; and

(2) the use of copyrighted works in such programs.

(b) Conference.--Not later than 2 years after the date of enactment of this Act, the Copyright Office shall--

(1) convene a conference of interested parties, including representatives of copyright owners, nonprofit educational institutions and nonprofit libraries and archives to develop guidelines for the use of copyrighted works for digital distance education under the fair use doctrine and section 110 (1) and (2) of title 17, United States Code;
(2) to the extent the Copyright Office determines appropriate, submit to the Committees on the Judiciary of the Senate and the House of Representatives such guidelines, along with information on the organizations, Government agencies, and institutions participating in the guideline development and endorsing the guidelines; and
(3) post such guidelines on an Internet website for educators, copyright owners, libraries, and other interested persons.

Copyright Clearance Center

For Lost Items

Items with current price available
List price + processing fee

No in-print price listed
Books $55.00 + $5.45
Video $30.00 + $5.45

For Overdue (late) Items:

Books: .10 per day up to replacement cost
CD-ROM Music: .25 per day up to replacement cost
CD-ROM Text: .25 per day up to replacement cost
Reserve Material: .2.00 per day
Videos: $2.00 per day up to replacement cost
DVDs: $2.00 per day up to replacement cost

1. Library staff have the right to inspect all book bags, briefcases, handbags and packages of persons who enter the Library as per New Jersey Law.
2. Library patrons caught damaging Library materials or damaging Library property will be prosecuted.
3. We do not allow any behavior that is disruptive to library use. Individuals who engaging in disruptive behavior will be asked to leave.
4. Group tours of the Library are not scheduled. Please see the Library website for a tour of the Library.
5. The Library is not responsible for any lost, stolen, or unattended. All items left in the library unattended will be sent to the RCSJ - Cumberland's lost and found.
6. Eating and drinking are NOT allowed in the Library.
7. Shoes and clothing must be worn in the Library at all times.
8. Misuse/abuse of Library furniture, equipment or facilities will not be tolerated.
9. Animals are not allowed in the Library except those needed to assist a person with a disability.
10. Harassing, threatening or physically harming staff or patrons will not be tolerated at any time.
11. Use of cell phones, and electronic devices must be silenced.
12. The library has additional limitations for minors:
                - Under the age of 14 must be accompanied by an adult while in the library.
                - Under the age of 16 must have their internet usage monitored by an adult
                - Non-students under the age of 18 may not borrow items.

The Library will accept gifts of books and other materials with the understanding that they become the property of the Library and will be evaluated using the same criteria as for purchasing materials. The Library will make the final decision on the use or other disposition of all donations and will decide the condition of display, housing and access to the materials. No special shelves or sections will be designated for the gift collection, but an appropriate book plate will be placed in each gift identifying the donor and purpose of donation.

The Library, as an interested party, cannot appraise gifts made to it as the Internal Revenue Service has ruled this practice as a conflict of interest. 

Attention will be given to suggestions from the donor regarding acquisitions in any special field of interest, however, the responsibility for selecting specific titles appropriate to the collection rests with the library.

This gifts policy is consistent with the "Statement on Appraisal of Gifts" adopted by the Association of College and Research Libraries, February 1, 1973.

• Reservations for study rooms may be made in person at the Circulation Desk when the library is open.
• Reservations may be made no earlier than one (1) week before the date requested.
• A Minimum of two (2) persons 8is required to reserve and use the small group rooms and a minimum of three (3) persons in required to reserve and use the Lincoln room. Groups of 3 may be asked to yeild the Lincoln room is a larger group needs the group room. No more that four persons are allowed in the small group rooms and no more than eight persons iare allowed in the Lincoln room. There will be NO EXCEPTIONS.
• Reservations begin and end on the half-hour. Rooms not occupied by the group within 10 minutes of the scheduled reservation start time or end time are considered vacant and will be available to other groups on a first-come, first-served basis.
• There is a two (2) hour limit for each group per check-out. A group may only check-out a group room key during non-consecutive time blocks (see time block explanation on reverse).
• Rooms that have not been reserved are available on a first-come, first-serve basis.
• Keys cannot be rotated through groups in order to expand time in a group room. All members of a group must exit a room at the end of the allotted time.

Policies for Group Rooms

• Only current Rowan College of South Jersey - Cumberland students holding a valid student ID with a current library barcode may reserve or check-out a group study room. The entire group must be present in order to receive the key.
• The individual who checks out the key must remain with the group or the group will be asked to vacate the room.
• An individual utilizing group room 3 or 4 will be asked to leave if a group needs to use a room.
• Group rooms are for academic use only.
• No defacing of college property. The individual signing for the room will be responsible for all damage to college property and is subject to the cost of cleaning, repair, and disciplinary action.
• The individual signing for the room will be responsible for lost group room keys and is subject to a replacement fee of $55.00.
• No food or beverages allowed.
• No behavior that is disruptive to library use or abusive language. No audio without headphones.
• Do not leave belongings unattended. The College is not responsible for lost or stolen personal belongings.
• Furniture may not be rearranged, nor chairs brought into or removed from group rooms.
• All individuals must follow the Student Code of Conduct and the Rowan College of South Jersey - Cumberland General Policies at all times.

The purpose of the Esther and Irving Raab Holocaust Collection is to assist in creating compassion and respect between groups and individuals through serving as a reminder of the suffering that was endured by the Jewish population during the Holocaust (1941-1945). In order to meet this purpose, the Esther and Irving Raab Holocaust Collection collects materials regarding the following areas:

• Nazi anti-Jewish propaganda campaigns and policy during the 1930s
• The roundup, deportation, and murder of European Jews
• Experiences in ghettos, concentration camps, labor camps, and killing centers
• Life in hiding during the Holocaust
• Discovery and disclosure of the concentration and death camps
• The escape and rescue of Jews from Eastern Europe (bricha)
• Jewish experiences in Displaced Person camps and elsewhere following liberation
• Holocaust memorialization and commemoration
• Stories of survivors and their families

We collect materials in the form of both print and non-print items. This includes, but is not limited to: Books, manuscripts, writings, correspondence, audio-visual materials, clippings, scrapbooks, diaries, photographs, personal artifacts, and ephemera pertaining to the collection focus. We do not collect multiple copies of items, financial records, or promotional publications.
While donations and recommendations for materials are accepted and encouraged, we retain the right to refuse items if they do not meet our material collection policies or the focus of the Esther and Irving Raab Holocaust Collection.

• County Adults - 5 books, (no circulation if delinquent) - 2 DVDs / Videos at a time (total of 2) - 3 CD-Music at a time
• RCSJ Employees - 30 items while an employee. Total of 5 videos / DVDs at one time. (no circulation if delinquent)
• Faculty (teaching) - Special privileges (see library personnel)
• Faculty (non teaching) - 30 items while employed (no circulation if delinquent)
• Juveniles - No circulation
• Students - 30 items while a current student (no circulation if delinquent) - 2 DVDs / Videos at a time (total of 2) - 3 CD-Music at a time.
• Vale - 5 books (no circulation if delinquent).

Loan Period:

• Books - 3 weeks
• Audio CDs & Software - 2 weeks
• Videotapes & DVDs - 3 days
• Reserve Material - Library use only / 3 days / 1 week

Returning Materials:

RCSJ Library Materials - All materials may be returned at any LOGIN Library.
Other Library Materials - Any LOGIN Library materials may be returned at RCSJ Library. Please return all Bridgeton, Millville and Vineland material directly to the owning Library.

Renewals:

RCSJ Library Materials - RCSJ Library allows one renewal on most materials except videos, DVDs, and interlibrary loans.
Materials can be renewed in person or over the phone. Please have your College Library card number available. If an item is overdue, it can not be renewed.

Lost Materials: -

Lost Materials are the responsibility of the person upon whose card the materials were checked-out. Replacement cost plus $5.45 processing fee will be charged. If a book is out of print, the cost is $60.00

Delinquencies:

A patron may not borrow materials if he/she has any overdue materials or owes any extended use fees (fines). Once the obligations have been settled, borrowing privileges are restored. If a Rowan College of South Jersey - Cumberland student has any obligations to the Library at the end of the semester, he/she is placed on a "Hold List". As a result, the patron will not receive grades, transcripts, or be permitted to register until the items are returned, extended use fees (fines) paid, etc.

The Library provides access to a photocopier for public use. A photocopy is .07 cents per page. 

Printing

There is one printer located across from the circulation desk. Black n White printing is 0.07 cents per page or 0​.12 cents for double-sided. Color printing is 0.22 per page or 0.42 cents for double-sided.

Scanning

Scan book pages, magazine articles, copies of important documents, photographs, and send them to email or your flash drive for free.