Last Update: Feb, 6 2014
The purpose of this protocol is to state the UVU Library's responsibilities and its protocols governing the reproduction of copyrighted material with respect to the provisions of the Copyright Revision Act of 1976 as amended and codified in Title 17 of the United States Code. (http://www.copyright.gov/title17/)
The UVU library has a mission to enable teaching, learning, and research. Along with serving current faculty, researchers, and students, the library also serves the faculty, researchers, and students of the future, who depend on the responsible collection, curation, and preservation of materials over time. Copyright law affects the work of the Library in complex ways, because the great bulk of the Library's work deals with accessing, storing, exhibiting, or providing access to copyrighted material. The rights of copyright holders create incentives for the publication of important work that forms the core of Library collections, while at the same time constraining the Library in the exercise of its mission. Similarly, limitations on and exceptions to copyright rights enable the Library to use copyrighted materials in important ways, but impose limits and responsibilities of their own.
Copyright law provides specific exceptions for libraries and educators including: Section 108: Reproduction by libraries and archives, Section 109: Effect of transfer of particular copy or phonorecord, Section 110: Exemption of certain performances and displays, and Section 117: Use in conjunction with computers and similar information systems. In addition, the Library relies on the important general exemption of Section 107: Fair use to accomplish its mission. Fair use is the right to use copyrighted material without permission or payment under some circumstances, especially when the cultural or social benefits of the use are predominant. It is a general right that applies in situations where the law provides no specific statutory authorization for the use in question.
In interpreting fair use, the UVU Library relies on the Code of Best Practices in Fair Use for Academic and Research Libraries published by the Association of Research Libraries (http://www.arl.org/pp/ppcopyright/codefairuse/code/index.shtml). The Code articulates these eight general principles:
It is fair use to make appropriately tailored course-related content available to enrolled students via digital networks.It is fair use for a library to use appropriate selections from collection materials to increase public awareness and engagement with these collections and to promote new scholarship drawing on them.It is fair use to make digital copies of collection items that are likely to deteriorate, or that exist only in difficult-to-access formats, for purposes of preservation, and to make those copies available as surrogates for fragile or otherwise inaccessible materials.It is fair use to create digital versions of a library's special collections and archives and to make these versions electronically accessible in appropriate contexts.When fully accessible copies are not readily available from commercial sources, it is fair use for a library to (1) reproduce materials in its collection in accessible formats for the disabled upon request, and (2) retain those reproductions for use in meeting subsequent requests from qualified patrons.It is fair use for a library to receive material for its institutional repository, and make deposited works publicly available in unredacted form, including items that contain copyrighted material that is included on the basis of fair use.It is fair use for libraries to develop and facilitate the development of digital databases of collection items to enable nonconsumptive analysis across the collection for both scholarly and reference purposes.It is fair use to create topically based collections of websites and other material from the Internet and to make them available for scholarly use.
Library Copyright Protocol on Reserves
The Library will place single and/or multiple copies of copyrighted materials received from instructional faculty and staff on reserve under the following conditions.
The individual who places copies on reserve affirms that all copies have been made legally.A print version of any copyrighted material to be copied or scanned for electronic reserves has been lawfully acquired by or will be purchased by the Library if reasonably possible.There will be no charge for access to electronic reserve materials.Copyrighted materials on reserve will be password protected and accessible only by faculty name, course name, and course number.The "Notice Warning Concerning Copyright Restrictions" (below) is displayed prominently on the reserve item.
Protocol Regarding Mediated and Unmediated Copying
Mediated copying occurs when a Library staff member does the copying for the requester, either for the requester's convenience or because the material being copied is particularly fragile or rare.
Section 108(a)(3) requires that the reproduction or distribution of a copyrighted work include the notice of copyright that appears on the copy that is reproduced or includes a notice stating that the work may be protected by copyright if no notice of copyright can be found on the material that is reproduced. When no copyright notice can be found in the work then the "Notice Warning Concerning Copyright Restrictions" (below) will be appended to the copy.
Copying requests for entire works, regardless of format, will be processed only when the work is out-of-print or otherwise unobtainable at a fair price, or when permission to copy has been received from the copyright holder.
The Library will in most cases only make one copy of copyrighted materials.
Unmediated copying occurs when Library patrons make copies of items held in the Library collection. Section 108 of Title 17 states that neither a Library nor its employees are liable for copyright infringement for the unsupervised use of reproducing equipment located on its premises provided that such equipment displays a notice that the making of a copy may be subject to the copyright law. The Library will prominently display the "Notice: Warning of Copyright Restrictions" (below) on or near all reproduction equipment in the Library.
Interlibrary Loan Copyright Protocol
Section 108 of Title 17 attempts to balance the interests of publishers and libraries regarding interlibrary loan arrangements. The Library may be either a requestor or responder in the interlibrary loan context. Requestors are responsible for compliance with copyright law. Responders only have to ask whether the requestor has complied.
As requesting party:
The Library must determine that a copy cannot be obtained at a fair price;The Library ensures that the copy becomes the property of the patron;The Library should have no notice that the copy will be used for a purpose other than private study, scholarship or research;The Library should both display and have on its order form a "Warning of Copyright."The Library must not be aware or have substantial reason to believe it is engaging in related or concerted reproduction or distribution of multiple copies of the same material.
The following notices used by the Library are taken from the Code of Federal Regulations
Notice Warning Concerning Copyright Restrictions (37 CFR § 201.14)
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 specific conditions is that the photocopy or reproduction is not to be "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 copyright law.
Notice: Warning of Copyright Restrictions (37 CFR § 201.24)
The copyright law of the United States (title 17, United States Code) governs the reproduction, distribution, adaptation, public performance, and public display of copyrighted material.
Under certain conditions specified in law, nonprofit libraries are authorized to lend, lease, or rent copies of computer programs to patrons on a nonprofit basis and for nonprofit purposes. Any person who makes an unauthorized copy or adaptation of the computer program, or redistributes the loan copy, or publicly performs or displays the computer program, except as permitted by title 17 of the United States Code, may be liable for copyright infringement.
This institution reserves the right to refuse to fulfill a loan request if, in its judgment, fulfillment of the request would lead to violation of the copyright law.
For more information about Copyright, please visit the U.S. Copyright Office.