Resources: Fair Usage Policy

Gallagher-Westfall Group of Indiana Copyright Policy
Organization Responsible for this Policy: Gallagher Westfall Group of Indiana
Applies to: All users of Gallagher-Westfall Group of Indiana written, electronic and video productions.

1.0 Policy Statement
The Gallagher-Westfall Group of Indiana Copyright Policy establishes guidelines regarding the Fair Use of copyrighted material, use of multimedia and copyrighted works from this website or from any written materials provided to clients or the general public before, during or after and training sessions.

2.0 Overview & Purpose
The Gallagher-Westfall Group of Indiana’s copyright policy is based upon United States Copyright Law, Title 17, U.S. Code, 1976.  The copyright law of the United States governs the making of photocopies or other reproductions of copyrighted material.  Our policies are based on careful review of the law itself, the Fair Use of Guidelines of 1997, the TEACH Act of 2002, the Digital Millennium Copyright Act , and the DMCA exemptions of 2006.

This guide has been prepared in an effort to provide guidance to users of this website, the general public or any participants in Gallagher-Westfall Group of Indiana training programs to help those users better understand what is allowable by law, and why some services that are technically possible may nevertheless be restricted.  The Gallagher-Westfall Group of Indiana will always remain open to receiving any new information on or interpretation of copyright law.

3.0 Scope
This policy applies to any and all persons who may have access to information provided by The Gallagher-Westfall Group of Indiana.

4.0 Policy

4.1 Responsibilities
Compliance with the federal copyright law and with this policy is the responsibility of every any and all users of information provided by Gallagher-Westfall Group and such users are expected to take a personal interest in becoming informed about how copyright law affects their intended use of the information.
Questions or concerns about this policy should be directed to The Gallagher-Westfall Group of Indiana at gwgoffice@psci.net

4.2 General Information About Copyright
Copyright grants to the author or originator the sole and exclusive privilege of creating multiple copies of literary or artistic productions and publishing and selling them. Copyright protection exists for original works fixed in any tangible medium of expression, including:

• literary works;
• musical works, including any accompanying words;
• dramatic works, including any accompanying music;
• pantomimes and choreographic work;
• pictorial, graphic, and sculpture work;
• motion pictures and other audiovisual works;
• sound recordings.
   

4.3 Copyright Protections and Fair Use Principles
To help users of The Gallagher-Westfall Group of Indiana copyright materials understand and comply with copyright laws, this document summarizes basic principles of copyright law including the application of the fair use balancing test.   The principle of Fair Use offers additional access privileges in educational settings.
Copyright law is inherently complex. A fair use of a copyrighted work depends upon a specific determination based upon the circumstances of the use. The principles below are intended to provide an initial context for complying with the law.

Principle 1: The copyright holder has important and exclusive rights. Copyright law protects original works such as writings, music, visual arts, and films by giving the copyright holder a set of exclusive rights in that work. These rights include the right to copy, distribute, adapt, perform, display, and create derivative or collected works. In general, any use of copyrighted materials requires permission from, and potentially payment of royalties to, the copyright holder unless the use falls within an exemption in the law, such as the fair use exemption.

Principle 2: Responsible decision-making means that the users of Gallagher-Westfall Group of Indiana must demonstrable good faith efforts to understand the fundamentals of copyright law and the reasonable application of fair use.

When users of Gallagher-Westfall Group of Indiana materials plan to use a copyrighted work in their teaching or research, they must examine the specifics of their use within the context of the law in order to determine whether they should seek permission for the use or depend instead upon the fair use exemption.
Principle 3: An appropriate exercise of fair use depends on a case-by-case application and balancing of four factors as set forth in a statute enacted by Congress.

A proper determination of fair use – in daily practice and in the courts – requires applying these four factors to the specific circumstances of the use.  These factors must be evaluated to determine whether most of them weigh in favor of or against fair use.  The four factors include:

1.  The purpose and character of the use, including whether the copied material will be for nonprofit, educational, or commercial use. This factor at first seems reassuring; but unfortunately for educators, several courts have held that absence of financial gain is insufficient for a finding of fair use. 

2.  The nature of the copyrighted work, with special consideration given to the distinction between a creative work and an informational work. For example, photocopies made of a newspaper or newsmagazine column are more likely to be considered a fair use than copies made of a musical score or a short story. Duplication of material originally developed for classroom consumption is less likely to be a fair use than is the duplication of materials prepared for public consumption. For example, a teacher who photocopies a workbook page or a textbook chapter is depriving the copyright owner of profits more directly than if copying one page from the daily paper. 

3.  The amount, substantiality, or portion used in relation to the copyrighted work as a whole. This factor requires consideration of 1) the proportion of the larger work that is copied and used, and 2) the significance of the copied portion. 

4.  The effect of the use on the potential market of the copyrighted work. This factor is regarded as the most critical one in determining fair use; and it serves as the basic principle from which the other three factors are derived and to which they are related. If the reproduction of a copyrighted work reduces the potential market and sales and, therefore, the potential profits of the copyright owner, that use is unlikely to be found a fair use.

Principle 4: Nonprofit educational purposes are generally favored in the application of the four factors of fair use, but an educational use does not by itself make the use a "fair use." One must always consider and weigh all four factors of fair use together.

The educational purpose will usually weight the first of the four factors, the purpose or character of the use, in favor of fair use. However, an educational use does not mean that the use is, by that factor alone, a fair use. All four factors must be weighed in making a decision.

4.4 Copying Materials for Instructional Use 
Under certain conditions specified in copyright law, a photocopy or other reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a photocopy or reproduction for purposes in excess of "fair use", that user may be liable for copyright infringement. 
Primary and secondary school educators have, with publishers, developed guidelines which allow an instructor to distribute photocopied materials to students in a class, without the publisher's prior permission, upon compliance with these conditions:

• The distribution of the same photocopied materials does not occur every semester.
• Only one copy is distributed for each student, which must become the student's property.
• The materials include a copyright notice on the first page of the portion of material photocopied.
• The students are not assessed any fee beyond the actual cost of the photocopying.
• The amount of material should be reasonable in relation to the total amount of material assigned for one term of a course.

The effect of copying the material should not be detrimental to the market for the work. In general, the library should own at least one copy of the work.

General Guidelines for Print and Electronic Reserve

• One chapter from a book.
• One article from a journal issue or newspaper.
• Multiple excerpts from a single book or journal issue will be accepted only if the total length of the submission is 10% or less of the total length of the book or journal issue.
• A short story, short essay, or short poem.
• A chart, diagram, drawing, graph, cartoon, or picture.

Materials in excess of Fair Use may still be used with appropriate permission and/or fees to the copyright holder.  The Gallagher-Westfall Group of Indiana will assist with such permission upon request.  Such submissions should be sent to: gwgoffice@psci.net

4.5 Using The Gallagher-Westfall Group Multimedia Materials
The use of multimedia materials is governed by the Fair Use Guidelines cited above.
However permission is granted to all users of Gallagher-Westfall Group of Indiana website for any and all available materials on this website to include written as well as multimedia productions.  The Gallagher-Westfall Group of Indiana would always ask that proper attribution be provided on the printed materials or verbally identified upon use of any of the multimedia productions.

5.0 Enforcement and Penalties for Infringement
Substantial penalties can be imposed for infringement of a copyright. An injunction to stop the infringement is most likely to be the first action. Payment of actual damages for financial loss suffered by the copyright owner may be required. Statutory damages, for which no actual damages need be proved, may be assessed. If the court determines there is an infringement, it may award damages between $750 and $30,000. If the court determines that the infringement was willful, the penalty may be as high as $150,000 per item. 

6.0 Effective Date
This policy was approved by The Gallagher-Westfall Group of Indiana Corporation board on August 16, 2016