Copyight for Libraries

Guidelines for Libraries and Archives

Section 108 of the copyright law provides the conditions under which libraries and archives may reproduce copyrighted works to satisfy the needs of patrons, distribute items through interlibrary loan, reproduce for means of preservation, and maintain immunity from liability for the unsupervised use of on-site reproduction equipment.

Reproduction, Duplication and Distribution by Libraries and Archives

Allowed if:

  • The reproduction or distribution is made without any purpose of direct or indirect commercial advantage;
  • The collections of the library or archives are open to the public;
  • The reproduction of the work includes a notice of copyright. All copies generated by the library and covered under this section must bear a copyright notice as follows: "Notice: This material may be protected by copyright law Title 17, U.S. Code (see below).

The copy must become the property of the user, and the library or archives must have no notice that the copy will be used for any purpose other than private study, scholarship, or research.

 

Articles and Small Excerpts

The Library is authorized to reproduce and/or distribute a copy of one article or other contribution to a copyrighted collection or periodical issue, or a small part of any other copyrighted work.

  • The copy may be made by the library where the patron makes his or her request, or by another library via interlibrary loan.            

Out-of-Print Works       

The Library may reproduce and/or distribute a copy of an entire work if it has been established that a copy cannot be obtained at a fair price.

  • Such a determination will require inquiries to commonly known trade sources in the United States, and ordinarily also to the publisher or other copyright holder.               

Multiple Copies and Reproduction        

The Library may reproduce and distribute a single copy of the same material as long as:

  • It is on separate occasion
  • The instances are isolated and unrelated.

Exception:  When the library is engaging in related reproduction of multiple copies of the same material

  • Whether made on one occasion or over a period of time
  • Whether intended for aggregate use by one or more individuals or for separate use by the individual members of a group.              

Damaged Copy

The Library may reproduce a published work solely for the purpose of replacement of a copy or phono-record that is

  • Damaged
  • Deteriorating
  • Lost or stolen
  • If an unused replacement cannot be obtained at a fair price.    

Archival Reproduction

The Library may reproduce and/or distribute a copy or phono-record of an unpublished work for the purposes of

  • Preservation and security*
  • For deposit for research use in another library or archives*

 * If the copy is currently in the University library collections.

The Library may digitize analog materials without permission for archival purposes as long as

  • Digital copies are not made accessible to the public off the library premises
  • Copies sent to another library arrive there in an analog form, unless permission from the copyright owner to make and distribute a digital copy is obtained.                  

Photocopy Machines    

The Library may allow use of photocopy machines located on their premises, provided that the equipment displays a notice that the making of a copy may be subject to the copyright law.

This exemption does not extend to the person using the equipment or requesting such copy if the use exceeds fair use.

Exception Users are subject to Fair Use guidelines

Reserve Collection-Single Copies Placed on Reserve    

If the request calls for a single copy to be placed on reserve, the library may photocopy an entire article, an entire chapter from a book, or an entire poem.

Exception:  Time Limitation  -  Copies of copyrighted materials may not be retained on reserve for more than one term for any faculty member unless the library receives proof from the faculty member that permission to reproduce and distribute copies in this fashion has been granted by the copyright holder and that the reproduction is in accordance with all copyright laws.          

Reserve Collection-Multiple Copies Placed on Reserve               

Requests for multiple copies to be placed on reserve should meet the following guidelines:

  • The amount of material should be reasonable in relation to the total amount of material assigned for one term of a course, taking into account the nature of the course, its subject matter and level;
  • The number of copies should be reasonable in light of the number of students enrolled, and the difficulty and timing of assignments (in no case to exceed five copies of any given reading);
  • The material should contain a notice of copyright as described in paragraph III. A. 1. above;
  • The effect of photocopying 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).

Exception: Time Limitation  - Copies of copyrighted materials may not be retained on reserve for more than one term for any faculty member unless the library receives proof from the faculty member that permission to reproduce and distribute copies in this fashion has been granted by the copyright holder and that the reproduction is in accordance with all copyright laws.          

Reserve Collection-Anthologies              

The Library will not accept anthologies of readings, also known as course packets, for deposit in the reserve units.         

 ILL-Periodicals Borrowing

ILL will not submit, during any calendar year, more than five requests for photocopies of articles from a particular periodical title if those requests are from issues published within the last five years.

  • No restrictions are placed on the number of photocopies of articles requested for those over five years old.
  • When a given title exceeds these guidelines for the number of copies, additional copies are obtained from commercial document suppliers whose fees contain a royalty payment.

Lending

The library should maintain records of all requests it makes. Requests from other libraries will be filled as long as copyright compliance is indicated on the request form. It is assumed that the requesting library is taking responsibility for the nature and the amount of the material it is requesting.

Exceptions:

  • The requesting library must maintain records of all such requests and fulfillment of requests for the current calendar year plus three previous calendar years.
  • All copies made by the Interlibrary Loan unit and interlibrary loan order forms must bear a notice of copyright. Any copyright notice originally on a work should be included on the copy. Otherwise, the library must supply a legend or notice that states that the work may be protected by copyright law. 

ILL-Books and Collective Works               

The Interlibrary Loan unit may not submit, during any calendar year, more than five requests for photocopies of excerpts from any given book or collective work in copyright.

  • Requests in excess of the above limits are subject to the copyright permissions process and payment of royalties, where applicable.
  • The requesting library must maintain records of all such requests and fulfillment of requests for the current calendar year plus three previous calendar years.
  • All copies made by the Interlibrary Loan unit and interlibrary loan order forms must bear a notice of copyright. Any copyright notice originally on a work should be included on the copy. Otherwise, the library must supply a legend or notice that states that the work may be protected by copyright law. 

Computer Programs (databases, CD-ROMs)- Copying

*This information may be subject to certain license agreements between Coy C. Carpenter Library and various vendors and/or publishers. The owner of a copy of a program may make another copy of that program only when it is an essential step to utilize that program in conjunction with a machine.

Examples:

  • Loading a program on the hard drive.
  • Translating from one computer language to another.
  • Converting from 5 ¼" to 3 ½ " disc.
  • For archival purposes.  

Computer Programs (databases, CD-ROMs)- Lending

*This information may be subject to certain license agreements between Coy C. Carpenter Library and various vendors and/or publishers. Computer Programs can be circulated to patrons as long as they:

  • Carry the Copyright Statement (Title 17, U.S. Code, below)
  • Were obtained through legal channels
  • The institution is a nonprofit educational institution
  • Are not connected directly or indirectly to commercial purposes.           

Electronic Publishing - Full Text versions of Print Journals, Electronic Only Journals (only exist in electronic medium)

*This information may be subject to certain license agreements between Coy C. Carpenter Library and various vendors and/or publishers.         

Borrowing

ILL will not submit, during any calendar year, more than five requests for photocopies of articles from a particular periodical title if those requests are from issues published within the last five years.

  • No restrictions are placed on the number of photocopies of articles requested for those over five years old.
  • When a given title exceeds these guidelines for the number of copies, additional copies are obtained from commercial document suppliers whose fees contain a royalty payment.

Lending

The library should maintain records of all requests it makes. Requests from other libraries will be filled as long as copyright compliance is indicated on the request form. It is assumed that the requesting library is taking responsibility for the nature and the amount of the material it is requesting.

Exceptions:

  • The requesting library must maintain records of all such requests and fulfillment of requests for the current calendar year plus three previous calendar years.
  • All copies made by the Interlibrary Loan unit and interlibrary loan order forms must bear a notice of copyright. Any copyright notice originally on a work should be included on the copy. Otherwise, the library must supply a legend or notice that states that the work may be protected by copyright law. 

Internet and the World Wide Web        

Images may be downloaded for use in projects.

Sound Files may be downloaded for use in projects

Exceptions:

  • Images may not be reposted onto the Internet without permission of author.
  • Sound or music files may not be copied and posted on the Internet without permission of author.        

Videotapes and Other Media   

Copying

The library may copy a videotape for

  • Archival purposes
  • Replace a lost, damaged or stolen copy if a replacement is unavailable or is not available at fair price.

Lending

The library may circulate videotapes as long as they

  • Carry the Copyright Statement (Title 17, U.S. Code, below).
  • Were obtained through legal channels
  • The institution is a nonprofit educational institution
  • Are not connected directly or indirectly to commercial purposes.           

Television Broadcasts   

Recording

The library may record, retain and use broadcast television programs if

  • It is an non-profit educational institution.
  • The program is retained no longer than 45 calendar days
  • It is used within the first 10 work days (the remaining 35 days are allotted for the purposes of evaluation, and license negotiation for long term retention).
  • Recordings contain the copyright notice on the broadcast program as it is recorded. ( Title 17, U.S. Code, below)

Use

  • Need not be used in their entirety
  • May not be altered from their original content
  • May not be physically or electronically combined or merged to constitute teaching anthologies or compilations.               

Slides   

Copying

The library may copy a slide for:

  • Archival purposes
  • Replace a lost, damaged or stolen copy if a replacement is unavailable or is not available at fair price.

Lending

The library may circulate slides as long as they:

  • Carry the Copyright Statement (Title 17, U.S. Code, below).
  • Were obtained through legal channels
  • The institution is a nonprofit educational institution
  • Are not connected directly or indirectly to commercial purposes.             

 

*ILL/CONTU: The National Commission on New Technological Uses of Copyrighted Works (CONTU) prepared a set of guidelines governing photocopying and interlibrary arrangements in conjunction with Section 108 of the copyright law. Though these guidelines are recommendations, which may not carry the force of law, the Library adheres to CONTU because the guidelines uphold the fair use doctrine.

*Title 17, U.S. Copyright Code:

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use", that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of the copyright law.

Quick Reference

Carpenter Library
1st Floor, Gray Building

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Reference 336-713-7100

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