E-tailers

• You are considered an e-tailer if you operate a Web-based business with a shopping cart.
• If you are an e-tailer who wishes to sell Zondervan products on your website, please contact the Zondervan Sales department (Fax: 1-616-698-3313) to obtain an e-tailer agreement.
• To sell Zondervan products as an e-tailer, you must have an existing account with Zondervan or a distributor to purchase products at discounted rates. The use of Zondervan content is provided to e-tailers to support the sale of product from selling pages.

Internet Content Release Guidelines

• These general guidelines describe Zondervan’s guidelines in selecting and making available materials for use online, and do not constitute an offer by Zondervan to enter into any license or provide any material.
• Nothing contained in these guidelines will require Zondervan to grant any license or make any material available.
• Use of Zondervan material will be permitted only with Zondervan's express written consent.
• Content cannot be placed in an archive.
• Zondervan may modify these guidelines at any time without notice, and may negotiate specific agreements that differ from these terms.
• Zondervan customers must be in good credit standing to receive free materials.

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Fair Use: Books

• You may quote up to 1,000 words as long as no more than 10% of the website is comprised of the book. If you exceed 1,000 words permission is necessary and fees are applicable. 
  
• Term of use is six months. A thumbnail of the cover/book must be included, copyright notice is to be displayed on the page/s of each selection, and a link to the Zondervan website (www.Zondervan.com) must be included should the customer desire to purchase the book. Any editorial changes in the material require approval by Zondervan. 
  

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Exceed Fair Use: Books

• The maximum amount of text allowed is 2,500 words, as long as no more than 10% of total work is comprised of the book.  Permission is required and fees will apply for more than 2,500 words. In this case please fill out the permission request form. 

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Fair Use: Bibles

• These guidelines apply to both commercial and non-commercial use.
• You may quote up to 500 unique verses as long as no more than 25% of your total website is comprised of the Bible.
• Content must be removed in 30 days.
• Clear attribution to the Bible translation, i.e. copyright acknowledgment must be included. A link must be included on the website to Amazon.com to purchase this Bible.

Exceed Fair Use: Bibles

• Permission can only be granted for up to a maximum of 2,500 verses as long as no more than 25% of your total website is comprised of the Bible and the verses do not amount to a complete book of the Bible, or more than 100 substantially sequential verses.
• You may post the verses for up to 6 months, at which time the content is to be removed.
• You may use the Bible verses on one single site or entity. Attempts to link sites to avoid maximum verses allowed will be viewed as grounds for immediate termination of rights.
• Please visit www.ZondervanBibleSearch.com to view translations in their entirety.
• To obtain permission for more than 2,500 verses, or an entire book of the Bible, please submit your request electronically by using our permission request form.

Zondervan
Permission Administrator B-6
5300 Patterson Avenue SE
Grand Rapids, Michigan 49530

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Copyright and Fair Use in the Classroom and on the Internet

• The copyright protections that we normally associate with print also govern the use of audio, video, images, and text on the Internet.
• The intuitive interface of the Internet makes it easy for the computer user to copy and use images, text, video and other graphics that are likely to be protected by copyright.
• A document may be copyrighted even if it does not explicitly state that it is copyrighted. As a result, it is a good idea to assume materials such as documents, images, or video clips are copyrighted.
• Educators can avoid copyright violations and legally use copyrighted materials if they understand and comply with the fair use guidelines.
• If you believe, after you review this document, that your proposed use does not comply with fair use guidelines, you always have the option to ask for permission from the copyright holder. For inquiries, please contact ZPermissions@zondervan.com.

Copyright Information

• The following information is designed to help faculty, students, and staff make informed decisions before using materials in the classroom, for course reserves, or the Internet.
• The following provides:
• An introduction to copyright
• An introduction to fair use
• Fair Use Guidelines for Educational Multimedia, a review of guidelines designed to help faculty, staff, or students comply with fair use guidelines when using images, computer programs, or other materials obtained via the Internet.
• A sample letter to request permission to use copyrighted materials.

What Is Copyright?

• Simply put, "copyright is a legal device that provides the creator of a work of art or literature, or a work that conveys information or ideas, the right to control how the work is used." Stephen Fishman, Esq. The Copyright Handbook, 1996.
• The intent of copyright is to advance the progress of knowledge by giving an author of a work an economic incentive to create new works.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html

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What Can Be Copyrighted?

• Tangible, original expression. This means, for example, that a verbal presentation that is not recorded cannot be copyrighted. There are three fundamental requirements for something to be copyrighted:
• Fixation - The item must be fixed in some way such as a piece of paper, a computer disk, an audiotape, or a videotape is all legitimate forms of fixation.
• Originality - The work must be original. This can include a novel or a student's email message to a professor. Both are considered examples of original expression.
• It is not necessary for the work to be completely original. Works may be combined, adapted, or transformed in new ways that would make them eligible for copyright protection.
• Minimal Creativity - The work must include something that is above and beyond the original. Verbatim use is not considered original. Reference to the original work that is used to discuss a new concept would be considered original, however.
• Creativity need only be extremely slight for the work to be eligible for protection.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html

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What Cannot Be Protected by Copyright?

• Works in the public domain
• Ideas are in the public domain.
• Facts are in the public domain.
• Words, names, slogans, or other short phrases also cannot be copyrighted. However, slogans, for example, can be protected by trademark law.
• Blank forms
• Government works, which include:
• Judicial opinions.
• Public ordinances.
• Administrative rulings.
• Works created by federal government employees as part of their official responsibility.
• Works for which copyright wasn't obtained or copyright has expired (extremely rare).
• It's a common misperception that state employees and contractors performing work on behalf of the federal government cannot copyright their work. Unless it is explicitly stated in the contract between the government and a contractor, federal government contractors are permitted to copyright their works as can state employees.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html

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What Does Copyright Protect?

• Copyright provides authors fairly substantial control over their work. The four basic protections are:
• The right to make copies of the work.
• The right to sell or otherwise distribute copies of the work.
• The right to prepare new works based on the protected work.
• The right to perform the protected work (such as a stage play or painting) in public.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html

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An Introduction to Fair Use

What is Fair Use?

• Fair use is the most significant limitation on the copyright holder's exclusive rights.
• Deciding whether the use of a work is fair IS NOT a science.
• There are no set guidelines that are universally accepted.
• Instead, the individual who wants to use a copyrighted work must weigh three factors regarding the purpose and character of the use:
• Is the new work merely a copy of the original? If it is simply a copy, it is not as likely to be considered fair use.
• Does the new work offer something above and beyond the original? Does it transform the original work in some way? If the work is altered significantly, used for another purpose, or appeals to a different audience, it more likely to be considered fair use.
• Is the use of the copyrighted work for nonprofit or educational purposes? The use of copyrighted works for nonprofit or educational purposes is more likely to be considered fair use.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html

The Nature of the Copyrighted Work

• Is the copyrighted work a published or unpublished works? Unpublished works are less likely to be considered fair use.
• Is the copyrighted work out of print? If it is, it is more likely to be considered fair use.
• Is the work factual or artistic? The more a work tends toward artistic expression, the less likely it will be considered fair use.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html

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The Amount and Substantiality of the Portion Used:

• The more you use, the less likely it will be considered fair use.
• Does the amount you use exceed a reasonable expectation? If it approaches 50% of the entire work, it is likely to be considered an unfair use of the copyrighted work.
• Is the particular portion used likely to adversely affect the author's economic gain? If you use the "heart" or "essence" of a work, it is less likely your use will be considered fair.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html

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The Effect of Use on the Potential Market for the Copyrighted Work:

• The more the new work differs from the original, the less likely it will be considered an infringement.
• Does the work appeal to the same audience as the original? If the answer is yes, it will likely be considered an infringement.
• Does the new work contain anything original? If it does, it is more likely the use of the copyrighted material will be seen as fair use.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html

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What Are the Rules for Fair Use for Instructors?

Copying by teachers must meet the tests of brevity and spontaneity:

• Brevity refers to how much of the work you can copy.
• Spontaneity refers to how many times you can copy.
• According to the rule, the need to copy should occur closely in time to the need to use the copies. Some call this the "one semester rule." If material is used for one semester it is likely to be seen as fair use. If it is used repeatedly, it's less likely to be considered fair use.
• The expectation is that you will obtain permission as soon as it is feasible. Using something over a period of years is not within the spirit of the guidelines.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html

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Special Works:

• "Works that combine language and illustrations and which are intended sometimes for children and at other times for a general audience." A children's book is an example.
• Special works should never be copied in their entirety.
• An excerpt of no more than two pages or 10 percent, whichever is less, is the rule for special works.
• The use of the copies should be for one course at one school.
• The copies should include a notice of copyright acknowledging the author of the work.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html.

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NOTE: It's recommended that teachers, faculty, and instructors consider the special guidelines and take into account the four factors that are used to evaluate fair use when they're deciding what and how much of a copyrighted work to use.

What Can Be Copied?

• A chapter from a book (never the entire book).
• An article from a periodical or newspaper.
• A short story, essay, or poem. One work is the norm whether it comes from an individual work or an anthology.
• A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper.
• Poetry: Multiple copies of a poem of 250 words or less that exist on two pages or less or 250 words from a longer poem.
• Prose: Multiple copies of an article, story, or essay that are 2,500 words or less or excerpts up to 1,000 words or 10% of the total work, whichever is less.
• Illustrations: Multiple copies of a chart, graph, diagram, drawing, cartoon, or picture contained in a book or periodical issue.

What Should Be Avoided?

• Making multiple copies of different works that could substitute for the purchase of books, publisher's reprints, or periodicals.
• Copying the same works from semester to semester.
• Copying the same material for several different courses at the same or different institutions.
• Copying more than nine separate times in a single semester.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html

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When Is Permission Required?

• When you intend to use the materials for commercial purposes.
• When you want to use the materials repeatedly.
• When you want to use a work in its entirety and it is longer than 2,500 words.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html.

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Copyright and Electronic Publishing

• The same copyright protections exist for the author of a work regardless of whether the work is in a database, CD-ROM, bulletin board, or on the Internet.
• If you make a copy from an electronic source, such as the Internet, for your personal use, it is likely to be seen as fair use. However, if you make a copy and put it on your personal website, it less likely to be considered fair use.
• The Internet IS NOT the public domain. There are both uncopyrighted and copyrighted materials available. Assume a work is copyrighted.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html.

Tips for the Internet

• Always credit the source of your information.
• Find out if the author of a work (e.g., video, audio, graphic, and icon) provides information on how to use his or her work. If explicit guidelines exist, follow them.
• Whenever feasible, ask the owner of the copyright for permission. Keep a copy of your request for permission and the permission received.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html.

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The Educational Multimedia Guidelines

• The guidelines provide assistance for the use, without permission, of portions of lawfully acquired copyrighted works.
• The guidelines are intended to apply to educational multimedia projects that incorporate educators' original material, such as course notes or commentary, together with various copyrighted media formats, including motion media, music, text material, and graphic illustrations.
• The guidelines are voluntary and do not have the force of law.
• If you follow the guidelines, it is highly likely that your use is fair use.
• The guidelines are safe minimums.
• The newly created work that includes copyrighted material may only be used for learning activities. Other uses, such as selling the work commercially, require permission.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html.

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Student Guidelines

• Students may incorporate portions of copyrighted materials when producing a project for a specific course.
• Students may perform and display their own projects and use them in their portfolio or use the project for job interviews or as supporting materials for application to graduate school.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html.

Faculty Guidelines

• Faculty may include portions of copyrighted works when producing their own multimedia project for their teaching in support of curriculum-based instructional activities at educational institutions.
• Faculty may use their project for:
• Assignments for student self-study.
• Remote instructions provided the network is secure and is designed to prevent unlawful copying.
• Conferences, presentations, or workshops.
• Their professional portfolios.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html.

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Time Restrictions

• The fair use of copyrighted material in multimedia projects lasts for two years only. After two years, obtain permission before using the project again.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website:www.umuc.edu/library/copy.html.

Types of Media and Permissible Amounts

• Motion media - Up to 10% of the total or three minutes, whichever is less.
• Text material - Up to 10% of the total or 1,000 words, whichever is less.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html.

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When Should You Get Permission?

• When you intend to use the project for commercial or no educational purposes.
• When you intend to duplicate the project beyond the two copies allowed by the guidelines.
• When you plan to distribute the project beyond the scope of the guidelines.

This information is taken from Library Services, Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web. Retrieved April 11, 2005 and used with permission from University of Maryland University College website: www.umuc.edu/library/copy.html.

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