Norman B. Mears Library Copyright Policy
Copyright Basics: Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.
Fair Use: One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.
The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
The previous section has been taken directly from the US Copyright Office webpage - http://www.copyright.gov/.
Library Policies and Guidelines
The Reserve shelf allows instructors to share content with students. The instructor must complete the reserve form. It is available online and at the circulation desk. Please allow two working days to process the request. Books from the library will be placed on reserve at the request of an instructor. If the library does not own the book, the instructor should request that the book be ordered, or they may place their own personal copy on reserve. The library will allow one copy per 25 students and no more than five copies of a book or DVD. No interlibrary loan materials or rented DVD’s will be allowed on reserve. Photocopies can be placed on reserve but the following rules will be followed:
Copy Machine Use
The copyright notice will be placed on all copy machines.
Photocopies for Students and Faculty
"The library is permitted to make reproductions for library users (e.g., students and faculty), provided the following criteria are met:
The library will follow the classroom exemption copyright guidelines for multimedia and purchase film and videotapes that can be used in face-to-face teaching by the instructor or guest lecturer. However, some videotapes and films must be purchased with performance rights if the license agreement so dictates. Films and videos from the library may not be publically shown unless performance rights have been given. If permission has been paid for or given, a notice will be placed in the library record. The films can never be shown for profit.
Access to database content by faculty, students and others is governed by the license for the content and will be carefully followed.
Section 108 of the Copyright Act of 1976 addresses reproduction of copyrighted materials by libraries and archives for several purposes, including ILL. The Norman B. Mears Library may send portions of copyrighted works to other qualifying libraries, as long as the ‘aggregate quantity’ doesn’t replace a purchase of or subscription to the work.” Because these guidelines do not define aggregate quantity, the library will abide by the guidelines developed by the National Commission on New Technological Uses of Copyrighted Works (CONFU). The library guidelines are as follows:
All Interlibrary Forms must have a copyright notice on them.
The Library Director will provide information on how to obtain permission and give cost estimates for course packets through the Copyright Clearinghouse, but it is the responsibility of the faculty member to pay for and obtain permission.
Help is Available
As copyright laws are continually being debated and guidelines are unclear, nevertheless the Library Director will make every effort to provide accurate information to faculty and staff. However, it is important to note that the Library Director is not a lawyer and cannot interpret the law. Referrals to the Copyright Compliance Officer (Provost) will be given as needed.
Some of the information provided has been taken from “The Campus Guide To Copyright Compliance for Academic Institutions” by the Copyright Clearance Center. http://www.copyright.com/Services/copyrightoncampus/intro/ Permission has been granted. 2013