V.D. Instructional Resources

V.D.1.01 Program Continuity

The Chancellor shall develop and implement procedures to assure that students experience reasonable continuity of program from site to site throughout the System with regard to curriculum, instructional resources, program requirements, and learning outcomes.

V.D.1.02 Libraries

The Chancellor is authorized to develop and implement procedures needed to provide quality Learning Resource Centers for the System's colleges and to ensure their accessibility to students and the community.

The circulation records identifying the names of library users with specific materials are confidential to the extent permitted by law. Such information will be released to other individuals only with the patron's written permission.

The System may join the TexShare Library consortium established and maintained by the Texas State Library and Archives Commission.

V.D.1.03 Acquisition

Notwithstanding any other law governing purchasing by the System, the System may acquire library goods and services in any manner authorized by law for the acquisition of library goods and services by a public senior college or university. "Library goods and services" mean:

  1. Serial and journal subscriptions;
  2. Other library materials, including books;
  3. Library services, including binding services; and
  4. Library equipment and supplies.

V.D.1.04 Copyrighted Materials

Employees of the System shall comply with the provisions of the United States Copyright Law. Subject to certain specific exceptions, as stated below, the owner of a copyright has the exclusive rights to reproduce, distribute, perform or display the copyrighted work, or to authorize such reproduction, distribution, performance or display by others.

V.D.1.04.1 Fair Use

An exception to the exclusive rights enjoyed by copyright owners is the doctrine of fair use.  The fair use of a copyrighted work for purposes of teaching, scholarship or research is not an infringement of copyright.  The following factors shall be considered in determining fair use:

  • The purpose and character of the use, including whether the use is of a commercial nature or for non-profit educational purposes.
  • The nature of the copyrighted work
  • The amount and importance of the portion used in relation to the copyrighted work as a whole.
  • The effect of the use upon the potential market for or value of the copyrighted work.

V.D.1.04.2 Performances and Displays

A further exception shall be performance or display of a work by instructors or students in the course of face-to-face teaching activities in a classroom or other similar place devoted to instruction.

V.D.1.04.3 Guidelines

Employees who wish to use copyrighted print material and sheet music should review the guidelines set forth in the

Those guidelines establish a minimum guaranteed fair use, not a maximum. Any determination regarding whether a use that exceeds the guidelines is a fair use shall rest with an appropriate court of law.

V.D.1.04.4 Prohibitions

Notwithstanding the fair use guidelines, the following shall be prohibited:

  • Copying of print materials and sheet music to create or replace or substitute for anthologies, compilations or collective works.  This prohibition against replacement or substitution applies whether copies of various works or excerpts are accumulated or reproduced and used separately.
  • Copying of or from works intended to be "consumable" in the course of study or teaching. These works include workbooks, exercises, standardized tests, test booklets, answer sheets and like consumable materials.
  • Copying shall not substitute for the purchase of books, publishers' reprints or periodicals; be directed by higher authority; or be repeated with respect to the same item by the same teacher from term to term.
  • No charge shall be made to the student beyond the actual cost of the photocopying.

Additional prohibitions regarding the use of music are:

  • Copying for the purpose of performance, except as permitted under the "Guidelines for Educational Use of Music".
  • Copying for the purpose of substituting for the purchase of music, except as permitted under the "Guidelines for Educational Use of Music".
  • Copying without inclusion of the copyrighted notice that appears on the printed copy.

V.D.1.04.5 Broadcast Programs

Broadcast programs, including commercial and public television and radio, shall not be videotaped or tape recorded for reuse without permission, except within the following guidelines:

  • A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable re-transmission) and retained by a System college for a period not to exceed the first 45 consecutive calendar days after date of recording.  At the end of that retention period, off-air recordings shall be erased or destroyed.
  • Off-air recordings may be used once by individual teachers in the course of relevant teaching activities and repeated once only when instructional reinforcement is necessary during the first ten consecutive school days within the 45-calendar-day retention period.  "School days" are actual days of instruction, excluding examination periods.
  • Off-air recordings shall be made at the request of and used by individual teachers and shall not be regularly recorded in anticipation of requests.  No broadcast program shall be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program is broadcast.
  • A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.  All copies of off-air recordings shall include the copyright notice on the broadcast program as recorded.
  • After the first ten consecutive school days, off-air recordings may be used up to the end of the 45-calendar-day retention period only to determine whether or not to include the broadcast program in the teaching curriculum and shall not be used in the System for student exhibition or any other non-evaluative purpose without authorization.

Off-air recordings need not be used in their entirety, but the recorded programs shall not be altered from their original content.  Off-air recordings shall not be physically or electronically combined or merged to constitute teaching anthologies or compilations.

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008