In an effort to assist faculty, students and staff in determining whether and when use of a protected work is a fair use, the Minnesota State system office has adopted the following guidelines regarding the use and reproduction of copyrighted works for educational purposes.
In addition to the guidelines below, the following general requirements also apply when copying or reproducing others' protected works:
No Minnesota State Colleges and Universities faculty member or staff person shall copy or reproduce any copyrighted work for use in a profit-seeking venture without the written authorization of the copyright owner and the campus Intellectual Property Coordinator.
Unpublished works are entitled to copyright protection and all of the provisions and procedures described in this primer apply to unpublished works.
All of the provisions and procedures described in this primer apply to copying and reproduction whether the facilities used for the copying belong to a Minnesota State Colleges and Universities college or university or to a commercial establishment.
The Minnesota State Colleges and Universities Office of the Chancellor has established the following guidelines based on the "Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions With Respect to Books and Periodicals" developed by the National Association of College Stores, Inc., the Association of American Publishers, Inc., and the Association of American University Presses, Inc.
A single copy of a work may be made of any of the following by or for a faculty member at his or her individual request for research or for teaching or preparing to teach a class:
Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the faculty member giving the course for classroom use or discussion provided that:
Unless a work falls within one of the exceptions above, or the intended use of a work constitutes "fair use", no Minnesota State Colleges and Universities faculty member or staff person shall use or make photocopies and other reproductions of copyrighted works unless specific permission has been obtained from the copyright owner. If written permission from the copyright owner has been obtained, the faculty member or staff person may make such copies and reproductions and use the work in any manner authorized by the copyright owner.
For more information, please view Frequently Asked Questions-Permissions.
Other Restrictions: Notwithstanding any of the other "fair use" considerations, the following restrictions shall also apply to multiple copying:
The following general requirements also apply when copying or reproducing others' protected works:
In 1975, a group of music educators and publishers developed guidelines for the use of music materials and presented those guidelines to the United States Congress. The Minnesota State Colleges and Universities Office of the Chancellor has established the following guidelines based on the guidelines developed by that group.
Copyrighted music material may be copied and used in the classroom under the following circumstances:
In no event may copying of copyrighted music material occur in the following circumstances:
Unless a work falls within one of the exceptions above, or the intended use of a work constitutes "fair use", no Minnesota State Colleges and Universities faculty member or staff person shall use or make photocopies and other reproductions of copyrighted works unless specific permission has been obtained from the copyright owner. If written permission from the copyright owner has been obtained, the faculty member or staff person may make such copies and reproductions and use the work in any manner authorized by the copyright owner.
For more information, please view Frequently Asked Questions - Permissions.
The following general requirements also apply when copying or reproducing others' protected works:
The Minnesota State Colleges and Universities Office of the Chancellor has established the following guidelines relating to the performance of copyrighted works in the classroom, distance education and in public settings, for educational purposes based on copyright law, including the recently enacted TEACH Act.
Educators at Minnesota State Colleges and Universities colleges and universities may show, display or perform others' work in the classroom, including videos, motion pictures, other similar audiovisual works, music materials, dramatic works, and other copyrighted works under the following conditions:
Provided these conditions are met, few restrictions are placed on educators' use of others' work in a face-to-face classroom setting.
Educators at Minnesota State Colleges and Universities' accredited non-profit colleges and universities may also show, display or perform others' work in distance education settings, just not to the same extent as in face-to-face classroom settings. The amount and type of work that may be broadcast or otherwise transmitted in a distance education setting are dictated by a recent revision to copyright law called the TEACH Act.
For further information, see the Teach Act guidelines below.
Public Performances: The following guidelines apply to public performances of copyrighted works at Minnesota State Colleges and Universities:
The Minnesota State system office has established the following guidelines relating to the use of computer software and other electronic works:
Minnesota State Colleges and Universities prohibits the improper copying, distribution, or use of contractually protected and/or copyrighted computer software. “Copying” includes either duplicating floppy disks or transferring a program from a floppy onto a hard disk and then sending the copied program over a local area network or telecommunicating it over long distance lines. The following requirements apply to the use of computer software at Minnesota State Colleges and Universities institutions:
Creators of original works do not lose their copyright protection simply because a work appears on the internet. Works in the electronic environment, such as computer software, distance learning materials, telecourses, web pages, and other such material are entitled to the same copyright protection as printed work.
As with printed work, copyright protection for electronic work exists from the moment of creation and fixation in a tangible manner, regardless of where the information is found. Individuals who desire to copy works on the internet must be aware of copyright restrictions.
Questions regarding the propriety of copying material from the internet may be directed to the Intellectual Property Coordinators.
Unless a work falls within one of the exceptions above, or the intended use of a work constitutes “fair use”, no Minnesota State Colleges and Universities faculty member or staff person shall use or make photocopies and other reproductions of copyrighted works unless specific permission has been obtained from the copyright owner. If written permission from the copyright owner has been obtained, the faculty member or staff person may make such copies and reproductions and use the work in any manner authorized by the copyright owner.
For more information, please view Frequently Asked Questions – Permissions.
The following general requirements also apply when copying or reproducing others’ protected works:
No Minnesota State Colleges and Universities faculty member or employee shall use a registered trademark, or other similar mark such as a service mark, for any purpose without obtaining the permission of the holder of the trademark or other mark.
See also the FAQ for Permissions
Certain limited use of copyrighted materials for teaching, criticism, commentary, reporting, scholarship, and research is considered a "fair use" and does not constitute an infringement of copyright. The law sets forth the following four factors to be used in determining whether a particular use is a fair use:
What constitutes fair use, however, remains difficult to determine. Copying for educational purposes is often considered a fair use, provided the person doing the copying has acted fairly and in good faith. However, fair use applies only to non-profit copying.
To help determine if your proposed use of the materials would be considered a "fair use" under copyright law, use the Fair Use Checklist with your Fair Use analysis.
The Technology, Educational and Copyright Harmonization Act (TEACH Act) passed in 2002 is a revision to the section of copyright law that deals with the performance and display of others' works in distance education settings. It was intended to bring the distance education rules relating to the performance, showing and display of copyrighted works more into line with the rules for face-to-face classroom instruction. Although the TEACH Act provides some expanded opportunities for educators in distance education settings, restrictions still abound and many educators find themselves relying on the more established "fair use" rules to guide them in their decisions about when it is appropriate to use another's work.
Frequently Asked Questions about the TEACH Act.
Transmission of Copyrighted Works (Distance Education): Educators at Minnesota State Colleges and Universities' accredited non-profit colleges and universities may also show, display or perform others' work in distance education settings, just not to the same extent as in face-to-face classroom settings. The amount and type of work that may be broadcast or otherwise transmitted in a distance education setting are dictated by a recent revision to copyright law called the TEACH Act.
Unless a work falls within one of the exceptions above, or the intended use of a work constitutes "fair use", no Minnesota State Colleges and Universities faculty member or staff person shall use or make photocopies and other reproductions of copyrighted works unless specific permission has been obtained from the copyright owner. If written permission from the copyright owner has been obtained, the faculty member or staff person may make such copies and reproductions and use the work in any manner authorized by the copyright owner.
Frequently Asked Questions About Copyright Permissions
The following general requirements also apply when copying or reproducing others' protected works:
Minnesota State Colleges and Universities Intellectual Property Coordinators serve by appointment of the Presidents of their respective campuses and are an important resource for faculty and staff. Minnesota State Colleges and Universities faculty and staff may seek advice from the Intellectual Property coordinators on a range of intellectual property issues including:
The Intellectual Property Coordinators shall maintain copies of permission authorizations received from copyright owners. The coordinators also shall serve as agents under the Digital Millennium Copyright Act for Minnesota State Colleges and Universities and shall immediately advise the Presidents of such institutions if a notice of copyright infringement is received.