Unless the “fair use” provision, (described in the Copyright Educational Materials and Plagiarism and Public Domain) applies instructors are not permitted to copy, distribute or compile for sale in “course packs” copyrighted materials for which copyright clearances have not been obtained, and instructors should not require or suggest that students buy such materials. The University Shop assists instructors in the preparation of course packs or customized textbooks. Once provided with the necessary information (name of work, author, publisher, etc.) the University Shop will obtain the appropriate copyright clearances from the copyright owners, arrange to have the course packs printed through Graphic Services and include the costs of this process in the eventual sale price of the course pack.
Instructors may, if they choose, make their own course packs and secure the copyright permissions themselves (described in the Copyright Educational Materials and Plagiarism and Public Domain). These course packs should also be printed by Graphic Services and sold through the University Shop. Instructors will be required to show appropriate evidence that copyright clearances have been obtained.
Course packs and other locally produced course materials should, with limited exceptions, be sold by the University Shop. Instructors are not permitted to sell course materials directly to students, either in class or out of class. The department chair may authorize the sale of course materials in the department office.
Instructors should also consult the Agreement on Guidelines for Classroom Copying in Not for Profit Educational Institutions with respect to Books and Periodicals, which provides minimum safe harbor guidelines for copying that safely falls within the “fair use” Exception. Limited copying that goes beyond these guidelines may still constitute a fair use under U.S. Copyright laws, but instructors should generally not risk an adverse ruling without an opinion of counsel. It is often easier and less expensive to simply obtain permission of the copyright holder.
The University's Department of Graphic Services requires that all requests for multiple copies sent to Graphic Services contain a certification from the requester that the use is compliant with applicable law. Permission must be obtained for each separate copyrighted work that is copied. Failure to comply will result in the return of the unfinished duplication job. Any attempt to circumvent this requirement by use of an office copier in no way avoids the requirement to comply with copyright laws. Certification forms are available from the Graphic Services.