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Policy: XV.F.6

Issued: March 16, 1987

Owner: University Comptroller

Latest Revision:

COPYING OF COPYRIGHTED MATERIAL: FOR ACADEMIC PURPOSES


**ACTIVE BUT UNDER REVISION**

All copyright policies (XV.F.1-9) are considered by the University to be out-of-date and under revision. New policies on Copyright Compliance will be issued by the University Library in early 2009. For general guidance in the interim, consult the following resources: US Copyright Office: http://www.copyright.gov/ and http://www.copyright.gov/circs/circ1.pdf The Association of Research Libraries: http://www.knowyourcopyrights.org/


1.0 Purpose

This policy describes the general guidelines for copying copyrighted material for academic purposes.

2.0 Policy [Top]

3.0 Definitions [Top]

2.1 Copying for Private Study, Research, or Scholarship

Note: The following discussion applies both to copies of printed material, pictorials or graphic works used as illustrations, diagrams, etc., and to phonorecords.


2.2 Reproduction by Libraries and Archives

Copying is allowed when:

One copy is allowed if:

One copy of no more than one part of a copyrighted collection or article (from either the supplying library or from another library) is allowed if:

Unpublished works can be copied for preservation and security, given certain limitations. Published works which are damaged, deteriorating, stolen, etc., may be copied, if an unused portion reasonably[1] cannot be obtained at a fair price.

The entire work may be copied if:

Separate and unrelated copying of a single copy may occur on separate occasions if:


2.3 Copying for the Reserve Shelf

At the request of a faculty member, a library may photocopy and place on reserve excerpts from copyrighted works in its collection in accordance with guidelines discussed above. These guidelines apply to the library reserve shelf as it functions as an extension of classroom readings or reflects an individual student's right to photocopy for personal scholastic use under the doctrine of fair use. In general, librarians may photocopy materials for reserve room use for the convenience of students both in preparing class assignments and in pursuing informal educational activities which higher education requires, such as advanced independent study and research.

NOTE: The copied work should be limited to only one course for one semester. Also, such copying is not to be repeated under the same circumstances term after term.

If the request calls for only one copy to be placed on reserve, the library may photocopy an entire article, or an entire chapter from a book, or an entire poem. Requests for multiple copies on reserve should meet the following guidelines:

In addition, a faculty member may request that multiple copies of photocopied, copyrighted material be placed on the reserve shelf if there is insufficient time to obtain permission from the copyright owner. For example, a professor may place on reserve several photocopies of an entire article from a recent issue of TIME magazine or the NEW YORK TIMES in lieu of distributing a copy to each member of the class. If you are in doubt as to whether a particular instance of photocopying is fair use for reserve reading, you should seek the publisher's permission. Most publishers will be cooperative and will waive any fee for such a use.


2.4 Interlibrary Arrangements

In light of US Code 17, Subsection 108 (g) (2), the following guidelines are suggested on interlibrary copying:

Note: The University Legal Adviser has stated that Alderman Library and its branches are separate libraries from the Law, GSBA, and Health Sciences Libraries.

Note: All other provisions/restrictions of Section 108 still apply as explained in this policy.

All requests must state they conform to these guidelines, if the request is to be fulfilled.

The requesting entity must maintain records of all such requests and fulfillments of requests for the current calendar year plus three previous calendar years.


2.5 Additional Remarks

Excluded from the constraints of the guidelines are:

Fair use does not extend to:

4.0 References [Top]

Policy XV.E.1, "Copyright Policy"
Policy XV.E.2, "Patent Policy"
Policy XV.F.1, "Copying of Copyrighted Materials: Introduction"
Policy XV.F.2, "Copying of Copyrighted Materials: Reproducing"
Policy XV.F.3, "Copying of Copyrighted Materials: Special Circumstances"
Policy XV.F.4, "Copying of Copyrighted Materials: Videotaping"
Policy XV.F.5, "Copying of Copyrighted Materials: Copying Works of Music"
Policy XV.F.7, "Copying of Copyrighted Materials: Obtaining Permission"
Policy XV.F.8, "Copying of Copyrighted Materials: Infringement"
Policy XV.F.9, "Copying of Copyrighted Materials: Licensed Computer Software"

[1] Reasonable effort is defined as a search of common trade sources in the United States, and inquiries to the publisher and copyright holder.

5.0 Approvals and Revisions [Top]


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