TO:            All Faculty

FROM:       Thomas J. La Belle
                  Provost and Vice President for Academic Affairs

SUBJECT:  Information on:  “Fair Use” and Copyright Infringement and University Policy on
                   the Use of Buildings and Grounds Related to Selling/Distributing Course
                   Materials/Readers
______________________________________________________________________________

At the beginning of each semester, some faculty have questions about selling or distributing course materials and course readers in their classes. These questions raise two issues:

1.  Faculty should not be selling, nor should they allow students or outside vendors to sell, any course materials or course readers in their classes.  The University Policy on the “Use of Buildings and Grounds” prohibits commercial activities in an academic building.  This policy can be found at <http://www.sfsu.edu/~ppg/ued89-13.htm>.
 

2.  Course materials, whether made available electronically or in course readers, should not violate federal copyright law.  While this is an area of continued discussion and interest to faculty members, the underlying principles of "fair use" and copyright infringement must still be observed.  Helpful information can be found at <http://online.sfsu.edu/faculty/copyright_info.html>,
<http://www.library.sfsu.edu/general/lam/lam3.5html>, and http://www.sfsu.edu/~avitv/copyright.html

Copies of portions of articles can be made for classroom use without obtaining copyright permission only if they are spontaneous, brief, and contain notice of copyright.

Faculty who have course materials reproduced are responsible for ensuring that proper copyright permissions have been obtained.  The Franciscan Shop Bookstore and Rapid Copy in the Library will automatically obtain the necessary copyright permissions for materials included in course readers sold through them.  The Library’s electronic reserve service will obtain the necessary copyright permissions for materials put on electronic reserve through the Reserve Book Room.

If you have questions, please contact your department chair or college dean.

cc: Robert A. Corrigan, President
Patricia Bartscher, University Counsel