Faculty members are reminded that on January 1, 1978, the Copyright Revision Act of 1976 went into effect and represents the first major change in the copyright law since 1909. The copyright law is to protect the interests of the creators of pieces of literature, inventions, art work, et cetera. The Copyright Revision Act of 1976 officially recognizes the "fair use" exception: the "fair use" of materials without the permission of the copyright holder. The section providing "Fair use" exceptions reads:
Section 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of Section 106, the fair use of a copyright work including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comments, news reporting, teaching (including multiple copies for classroom use), scholarship or research, is not an infringement of copyright. In determining whether the use of a work in any particular case is a fair use the factors to be considered shall include:
Extended controversy and litigation involving copyright infringement and "fair use" have followed the enactment of the 1976 copyright law. There are many ambiguities in the language of the law and there are many interpretations and possible problem areas for faculty members in abiding by provisions of the law. It is the responsibility of each faculty member to acquaint himself or herself with the regulations of the law in order to adhere to them. Copies of the copyright law (Copyright Revision Act of 1976, 17 U.S.C.) can be found in the Documents Department of Strozier Library.
The University Libraries have revised its "Guidelines for Reserve" several times since the Copyright Law passed in order to comply with it. Faculty members are furnished copies of these guidelines. Each photocopy machine in the Library displays a warning that copying is subject to the Copyright Law and that the user of the machine will be responsible for copyright infringement. In the "Guidelines for Reserve" faculty members should note that "written permission is needed (duplicated from the copyright holder) for multiple copies of duplicated articles or for use for more than one semester." A copyright statement must be included on the face of each duplicated item placed on reserve. When several articles are placed on reserve, combined in a folder (in conformity with Library rules), copyright information should be provided on the first page of each article.
It should be noted that, given the requirements of the copyright law regarding the responsibility of the individual to determine if, when, and how permission to duplicate is necessary, the potential for the individual faculty member's exposure to personal liability under that federal copyright law and Florida Statute 768.28, is present. If there is any doubt or question, the best policy is to seek a clarifying opinion from the appropriate administrative office.