Copyright Compliance Policy and Procedures


COPYRIGHT COMPLIANCE POLICY

Policy Statement

It is the policy of Trexler Library to make every effort to comply with federal copyright laws, found at the U.S. Copyright Office Home Page (http://www.copyright.gov/) and in the Copyright Office publication Reproduction of Copyrighted Works by Educators and Librarians (http://www.copyright.gov/circs/circ21.pdf).

Purpose of the Policy

The purpose of this policy is

Policy

Four factors of fair use can be used in almost every academic situation to determine whether you need to ask permission from the copyright owner or not. The more your use fits the four factors of fair use listed below, the more likely it would be considered a fair use.

It is advisable to consider these factors on a case-by-case basis, remembering that there are no absolutes. Fair use exists on a continuum. If your use conforms to most (not necessarily all) of the criteria below, you’re likely to be within the bounds of fair use. Otherwise, permission should be requested from the copyright owner.

Trexler Library advocates following these 4 factors of fair use in determining appropriate use of copyrighted materials in an academic setting.

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

Trexler Library staff assess the use of copyrighted materials in light of these 4 factors.

Trexler Library attempts to remain within the guidelines prescribed by the American Library Association. For ALA’s guidelines on classroom photocopying, visit http://www.cni.org/docs/infopols/ALA.html#mpup. For guidelines on photocopying for course reserves, visit http://www.cni.org/docs/infopols/ALA.html#mpup.

For guidelines on electronic reserves, see http://www.utsystem.edu/ogc/intellectualproperty/rsrvguid.htm.

More specifically for electronic reserves,

the library’s policy stems in part from the CONFU Electronic Reserve Guidelines available at http://www.utsystem.edu/ogc/INTELLECTUALPROPERTY/rsrvguid.htm.

A. Scope of material:

1. In accordance with fair use (Section 107 of the U.S. Copyright Act), electronic reserve systems may include copyrighted materials at the request of a course instructor.

2. Electronic reserve systems may include short items (such as an article from a journal, a chapter from a book or conference proceedings, or a poem from a collected work) or excerpts from longer items. As a rule, the library seeks permission for excerpts exceeding more than 10 percent of a longer work, (i.e. 10 percent of a book). In the event an instructor wishes to post more than this amount, permission will customarily be sought, or an alternative point of access recommended, such as a purchased coursepack.

3. Personal rental videos will not be accepted as reserve items, nor will homemade copies of any copyrighted DVDs, videos, or broadcasts—other than short clips of materials already owned by the instructor or, preferably, by library (the library will seek to acquire a copy for their own collection when possible, at the second semester’s use).An exception may be made when a vendor cannot be located for the material. Exceptions will not be made when a vendor explicitly refuses access.

4. Streaming of a video and musical recording, in part or in its entirety, is allowable for up to 20 hrs. per course in the case of videos, and 30 hrs. per course in the case of music, following the Dartmouth model. Streaming of music and videos will originate from a legally obtained copy owned by the library, licensed as appropriate. It is preferable to digitize excerpts rather than entire works whenever possible. For more on music digitization, see the Music Library Association guidelines at http://www.lib.jmu.edu/org/mla/Guidelines/Accepted%20Guidelines/Digital%20Reserves.aspx.

5. Digitization of slides may occur if the digital image is not available commercially at a fair price. Digitization of images from books can occur if less than 10 percent of the number of images in the book.

5. E-reserves should typically serve as a supplement to purchased textbooks or coursepacks. As such, the total amount of material included in electronic reserve systems for a specific course as a matter of fair use should be small in proportion to the total assigned reading for a particular course, except in the event that core readings are not readily available for purchase.

6. In general, the library does not seek permission for copyrighted materials for which it has obtained license to distribute, such as online journal articles from databases.

Notice and attributions:

1. On a preliminary or introductory screen, electronic reserve systems should display a notice, consistent with the notice described in Section 108(f)(1) of the Copyright Act. The notice should include additional language cautioning against further electronic distribution of the digital work.

2. If a notice of copyright appears on the copy of a work that is included in an electronic reserve system, the following statement shall appear at some place where users will likely see it in connection with access to the particular work:

"The work from which this copy is made includes this notice: [restate the elements of the statutory copyright notice: e.g., Copyright 1996, XXX Corp.]"

3. Materials included in electronic reserve systems should include appropriate citations or attributions to their sources.

Access and use:

1. Electronic reserve systems should be structured to limit access to students registered in the course for which the items have been placed on reserve, and to instructors and staff responsible for the course or the electronic system.

2. The appropriate methods for limiting access will depend on available technology. Solely to suggest and not to prescribe options for implementation, possible methods for limiting access may include one or more of the following or other appropriate methods:

(a) individual password controls or verification of a student's registration status; or

(b) password system for each class; or

(c) retrieval of works by course number or instructor name, but not by author or title of the work; or

(d) access limited to workstations that are ordinarily used by, or are accessible to, only enrolled students or appropriate staff or faculty.

3. Students should not be charged specifically or directly for access to electronic reserve systems.

Storage and reuse:

1. At the point of 2 nd semester’s use by the same instructor for the same course, the library will seek to lawfully obtain an original (usually purchased) copy of the work for its permanent collection. This original can be placed on print reserves or streamed in its entirety, or an electronic copy of the original can be placed on reserve adhering to the portions described above. In the event that an original copy cannot be obtained, copyright permission will be sought.

2. Material may be retained in electronic form while permission is being sought or until the next academic term in which the material might be used, but in no event for more than three calendar years, including the year in which the materials are last used. A record will be maintained of correspondence in seeking permission.

3. Access to the files shall be disabled at the completion of the course, but the files may be stored for future re-use. Short-term access to materials included on electronic reserve systems in previous academic terms may be provided to students who have not completed the course.

With regard to interlibrary loan, the library strives to follow CONTU guidelines on photocopying for purposes of interlibrary loan, available at http://www.cni.org/docs/infopols/CONTU.html.

It is also the policy of Trexler Library to support Muhlenberg College authors and the college itself in retaining copyright of individual or college-produced work to the extent possible, in accordance with ALA’s Principles and Strategies for the Reform of Scholarly Communication at http://www.ala.org/ala/acrl/acrlpubs/whitepapers/principlesstrategies.htm, in an effort to “create a system of scholarly communication that is more responsive to the needs of the academy, reflecting the nature of scholarship and research as a public good.”

 

COPYRIGHT COMPLIANCE PROCEDURES

For more information on copyright, contact the library’s Coordinator of Scholarly Communication, x3602 or kcannon@muhlenberg.edu. For legal advice, contact the college’s legal counsel through the Dean of Faculty.