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Training and Development Policy

Training Policy Handbook

Copyright Laws

Copyright laws are an important consideration when developing and or disseminating training materials. Title 17 of the United States Code addresses the scope of copyright law. It specifically states that copyright protection under this title is not available for any work of the U.S. Government. However, the Government is not precluded from receiving and holding copy-rights transferred to it by reassignment, bequest, or otherwise.

Fair Use of Copyrighted Material

Except for the provisions of Title 17, the fair use of a copyrighted work for purposes such as criticism, comment, news, reporting, teaching, scholarship, or research is not an infringement of copyright law. The factors to be considered when determining whether the use in any particular case is a fair use include:

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

  2. the nature of the copyrighted work;

  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

  4. the effect of the use upon the potential market for or value to the copyrighted work. See Title 17 USC §107.

Copying in Non- Profit Educational Settings (Books and Periodicals)

As stated in the Association of American Publishers, a single copy may be made from books and periodicals by or for an instructor for use in the classroom or for preparation to teach a class. Multiple copies may be made by or for the instructor giving the course for classroom use and discussion, provided that:

  1. the copying is for a single course, and

  2. there is insufficient time to request permission for a reprint.

Obtaining Permission

When it is necessary to obtain permission for copying of material, Association of American Publishers recommends that the requesting organization provide the following information to the copyright owner:

  1. Title, author, and/or editor, and edition of material to be duplicated,

  2. Exact material to be used, giving amount, page numbers, chapters and, if possible, a photocopy of the material,

  3. Number of copies to be made,

  4. Use to be made of duplicated materials,

  5. Form of distribution (classroom, newsletter, etc.),

  6. Whether or not the material is to be sold, and

  7. Type of reprint (ditto, offset, typeset).

This is normally a time-consuming process that must be planned far in advance of the use of copyright materials.