BHCLR has developed the following guidelines for faculty, staff, and students when considering the use of copyrighted materials.
The Baptist Health College Little Rock (BHCLR) is a private nonprofit educational institution supporting the activities of faculty and students in their participation in programs of study at the schools. BHCLR promotes an environment of compliance with copyright laws of the United States through distribution of this Guideline to faculty and students.
A copyright restriction from publishers of materials in any form, including web accessible materials, supersedes U.S. copyright law. If in doubt about the use of materials, seek permission from the copyright holder.
Faculty at BHCLR may show, display or perform any type of copyrighted materials in the face-to-face classroom repeatedly, term after term, without seeking permission from the copyright holder.Examples include showing video recordings, playing sound clips, displaying graphs and illustrations, and giving PowerPoint presentations that include copyrighted materials. Attribution of source material should always be included with presentation. Faculty members may distribute materials to each student in the classroom following the fair use provisions.
Fair use covers materials distributed in the classroom or assigned to students for directed self-study or review. A faculty member may provide one copy of a portion (e.g. book chapter, an article from a journal, a small portion of images digitized from a book or journal) of copyrighted material to each enrolled student if:
- Copying and distribution of copyrighted material is not repeated by the same teacher from term to term;
- Distribution of copyrighted materials is restricted to enrolled students only;
- Each copy contains a notice of copyright attributing the work to the copyright owner (copyright symbol, year of publication, and name of copyright holder);
- Purpose is not for an anthology of materials for the class or does not substitute for the purchase of a textbook or a journal;
- Copying is not of “consumables” such as workbooks, exercises, or tests;
- Copying is at the instance and inspiration of the individual instructor;
- Student is not charged for the material beyond the actual cost of photocopying;
- Students are notified that copyrighted materials may be included in their course materials, that these materials are provided for the students’ personal educational use, and that no further distribution of the materials is permitted.
Instance and Inspiration
Material may be used under the Fair Use provisions if the faculty member or student found the material within a time frame that does not allow sufficient time to ask for and receive permission from the copyright holder.
Students Use of Copyrighted Materials
Students may use copyrighted materials in their class presentations and assignments. Students may retain a copy of their own work including copyrighted material for inclusion in a personal portfolio to be displayed at a conference or for demonstrating their skills to prospective employers.Copyrighted works must be marked appropriately.
Course Management Software (WebCT, etc.) and E-Reserves
Uploading copyrighted materials into course management software and/or an e-reserves module is comparable to providing multiple copies in the classroom. Course management software and ereserve software should be configured so that it is only available to enrolled students via password or IP authentication. Materials can also be placed in online areas that do not allow printing or downloading.
The same fair use limitations on portion (e.g. book chapter, and article from a journal, a small portion of images digitized from a book or journal), time (one term), and other limitations of fair use apply.
If uploading or linking to copyrighted material from journals to which the library subscribes, check with the library to determine if the institutional license allows this.
Fair Use of Digital Images
The Internet is a rich resource for images and other digital material. Many times educational websites will indicate that images may be used for educational purposes. Faculty and students are advised to read and observe the copyright statements and to correspond with the copyright holder when appropriate. Any correspondence granting permission should be retained.
If a digital image is already available online or for sale or license at a fair price, the instructor should link to it online, or purchase or license it. Linking to an image can be repeated term by term, but students should be directed to a webpage that indicates the copyright holder.
Images may be downloaded from the Web for student materials following fair use limitations or if no digital image is already available, the instructor may digitize the image from a legally acquired analog image, if:
- Access is limited to students enrolled in class;
- Permission is sought for repeated use;
- Notice of copyright accompanies image;
- If permission cannot be obtained because the rights holder to the image is unknown, reasonable inquiry should be made and records kept of the process. If the rights holder is not found, the image may be used for three years. Reconsideration of the four factors of fair use in each particular instance is required;
- Classroom images may be displayed at peer conferences and in the classroom setting without limitation;
- Copyright images may be downloaded, transmitted, and printed for personal use of the students for one term;
- Copyright images may be used by students in class assignments and personal portfolios.
Institutional Image Database
Educational institutions may digitize lawfully acquired analog collections of images and use them for educational purposes for one term. However, permission is required to allow retention and use of digital images for future educational purposes.
- Permission must be sought to include images digitized for educational purposes in institutional image database.
- Attribution and copyright notices must be attached to images.
- The nature of any alteration to an image should be noted.
Fair Use for Scholarship and Research
Fair use also covers the use of copyrighted materials for scholarship and research outside the formal educational offerings of the university.
- Copying of articles and chapters for research or scholarship is permitted when copying is at the discretion of the individual rather than as a systematic means for a group to avoid purchasing multiple copies of a journal or book. Copyright notice is required for each copy.
- Copyrighted materials may be shown or displayed at peer conferences.
Penalties for Copyright Infringement
Faculty and students may be subject to dismissal from BHCLR for willful infringements.
- Civil penalties of up to $30,000 per infringed work and up to $150,000 per work if willful are enforced.
- Criminal penalties of up to 10 years in prison and a $250,000 fine for willful infringements are enforced.
For additional information on copyright law, consult 17 U.S. Code 102, 107, 110(1), and 108.
(The Copyright Policy PDF requires that Adobe Acrobat Reader be installed on your PC. If you don’t have this free software, click here to download.)