LibGuides: Copyright Guide: Checklists

Checklist you have to comply with and forms you have to complete when making copies

Copying Articles from Periodicals or 10% or One Chapter of Books (Section 198) – See Checklist #1.
AND
For Articles in periodical publications, complete and submit Form A.
For Works besides Articles such as books etc, complete and submit Form B.
Copying 5% or 5 Pages (Section 197) – See Checklist #2. Complete and submit Form B.
Recording Sound of Television Broadcast or Cable Programmes – See Checklist #3. No form needs to be completed.
Records – Who should keep them and for how long? See Custodians of Records.

Checklist #1 (Articles or 10% or 1 chapter)

Multiple Copies of Works under Section 198 of the Copyright Act (See 4.1.A)

For Articles in periodicals:

	You intend to copy only a maximum of one whole article from a periodical publication OR You intend to copy two or more articles from a periodical publication but both articles relate to the same subject matter.
	You will ensure that FORM A is completed as soon as possible and in any event not later than 3 days after the copying.

For other works (authors’ works):

	You intend only to copy from a published literary, dramatic or musical work that contains not less than 10 pages. (No copying is allowed for works with fewer than 10 pages)
	You will not exceed 10% of the pages in the edition or if the work is divided into chapters you will not exceed ONE CHAPTER (regardless of whether the chapter is more or less than 10% of the pages).
	The amount copied does not include any work or works that have been separately published, for example, a case from a casebook that is reproduced in a portion of a textbook you intend to copy from. In the example given, you should not copy the portion of the textbook containing the case.
	You will ensure that FORM B is completed and submitted as soon as possible and in any event not later than 3 days after the copying.

For other works (in electronic form not divided into pages or chapters)*:

If the literary, dramatic or musical work is stored in an electronic medium and is not divided into pages, you will not copy more than 10% of the bytes or 10% of the number of words or 10% of the contents in that edition.

* If the work is in electronic form but with a page or chapter format, the conditions and limits set out above for non-electronic works under the heading "For other works" apply.

The amount copied does not include any work or works that have been separately published, for example, a case from a casebook that is reproduced in a portion of a textbook you intend to copy from. In the example given, you should not copy the portion of the textbook containing the case.

You will ensure that FORM B is completed and submitted as soon as possible and in any event not later than 3 days after the copying.

GENERAL
The following apply to all works under this section i.e. articles in periodicals as well as other works (whether in electronic form or not):

	The copying is for the educational purposes of Singapore Polytechnic, for example a course of instruction provided by Singapore Polytechnic.
	The copying is done by or on behalf of Singapore Polytechnic. Every copy made must incorporate this NOTATION: MADE ON BEHALF OF SINGAPORE POLYTECHNIC DATE: __________
	You will check in the Copyright Records Database that your intended copying when taken together with the copying of other staff of the same work does not exceed the limits specified above. For example, if Lecturer A has copied Chapter 1 of a book titled Business Statistics for his students, Lecturer B cannot copy Chapter 2 of the same book for his students as this would exceed the permissible limits. Lecturer B is however free to copy Chapter 1 for his students. Another example would be where Lecturer A has copied only 5 pages of Chapter 1 of the aforesaid book under Section 197 (See Checklist #2). Lecturer B cannot copy Chapter 2 of the same book under Section 198 (See Checklist #1) because the total copying by SP of the book would exceed the one chapter limit.
	You will ensure that everything stated in the NOTATIONS as well as the relevant FORM is true.

Putting the material on the electronic network belonging to SP does not exempt you from complying with the notation and record keeping requirements as stated above. If you are unable to ascertain the number of copies made by students downloading from the electronic network, the number of copies will be taken to be the number of students enrolled for that course for which the material was created.

Checklist #2 (5% or 5 pages)

Multiple Copies of Insubstantial Portions under Section 197 (See 4.1.B)

	You intend to copy only from a published literary or dramatic work.
	For editions of works containing 6 to 500 pages, you will copy only a maximum of 5 pages of the work. (You are not to copy from editions of works that are 5 pages or less).
	For editions containing more than 500 pages (whether in electronic form or not), you will copy only a maximum of 5% of the total number of bytes and (i) 5% of the total number of words or (ii) 5% of the total content in that edition.
	You will ensure that the amount copied does not include a whole work. For example, Lecturer A copies from a 400-page book containing a compilation of essays written by different authors. Each essay may be a work on its own. Even if Lecturer A copies only 5 pages, if the 5 pages make up a whole essay, there would be copyright infringement because what has been copied includes a whole work.
	The copying will be carried out on the premises of Singapore Polytechnic.
	The copying is for the purpose of a course of education provided by the Singapore Polytechnic.
	You will check in the Copyright Records Database that your intended copying when taken together with the copying done by other staff in relation to the same work does not exceed the limits specified above, whether or not the copying by those other staff is done under this section or Section 198 (See Checklist #1 for Section 198 copying).
	You will ensure that FORM B is completed and submitted within 7 days of the copying. No notations are required to be put on the copies made.

Checklist #3 (Sound, TV, Cable)

Recording Sound or Television Broadcast or Cable Programmes (See 7)

	The recording is made by or on behalf of the authority in charge of the Singapore Polytechnic.
	The recording is used in a course of instruction at the Singapore Polytechnic. (This provision does not apply to recordings that are educational in its subject matter but otherwise unrelated to a course of instruction at Singapore Polytechnic).

Custodians of Records

RECORD	CUSTODIAN	PERIOD	LOCATION
Form A	LIBRARY	6 years	Copyright Records Database
Form B	LIBRARY	6 years	Copyright Records Database