Section 108 of the Copyright Act provides certain conditions under which libraries may reproduce copyrighted works upon the request of library patrons. It specifically addresses instances of allowable copying for preservation, private study, course reserves, and interlibrary loan. These permissions, when granted, are intended to be used exclusively by the University library and not individuals independently reproducing works for distribution in any way.
A. Reproduction by Libraries and Archives
The Copyright Act allows libraries or archives to reproduce or distribute no more than one copy of a work, provided the following conditions are met: 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; and the reproduction of the work includes a notice of copyright. If notice of copyright is unavailable, the library staff should use: "This material may be protected by copyright law (Title 17, U.S. Code)."
1. Reproduction of Written Works
a. Articles and Small Excerpts
The Copyright Act authorizes University libraries to reproduce and/or distribute a copy of not more than one article or other contribution to a copyrighted collection or periodical issue, or of a small part of any other copyrighted work. The copy may be made by the library where the patron makes the request, or by another library pursuant to an interlibrary loan.
The copy must become the property of the user, and the library or archives must have had no indication that the copy would be used for any purpose other than private study, scholarship, or research.
b. Out-of- Print Works
The libraries may reproduce and/or distribute a copy of an entire work if it has been established that the library has made a reasonable effort to obtain an unused replacement and, if one is found, it 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.
c. Multiple Copies and Systematic Reproduction
The rights of reproduction and distribution under Section 108 of the Copyright Act extend to the isolated and unrelated production of a single copy of the same material on separate occasions, but do not extend to cases where the library or archives is aware or has substantial reason to believe that it is engaging in related or concerted reproduction of multiple copies of the same material, whether made on one occasion or over a period of time, and whether intended for aggregate use by one or more individuals or for separate use by the individual members of a group.
2. Replacement of Damaged Copy
The University library may reproduce a published work solely for the purpose of replacement of a copy or audiovisual recording that is damaged, deteriorating, lost or stolen, or if the format of the work has become obsolete, if it has been determined that an unused replacement cannot be obtained at a fair price. Any digital copy reproduced in this manner must not be distributed in that format and will not be made available to the public in that format outside of the library building.
3. Archival Reproduction
The libraries may reproduce and/or distribute a copy or audiovisual recording of an unpublished work for the purposes of preservation and security, or for deposit for research use in another library or archives, if the copy is currently in the University library collections. This right extends to any type of work, including photographs, motion pictures and sound recordings. Any digital copy reproduced in this manner must not be distributed in that format and will not be made available to the public in that format outside of the library building.
B. Library Course Reserves Use of Copyrighted Materials
According to the American Library Association Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve, the reserve unit functions as an extension of the classroom when it makes course readings available to students and reflects an individual student's right to copy for personal scholastic use under the doctrine of fair use. When materials are included as a matter of fair use, reserve services are intended for supplemental or recommended material.
1. General Provisions
At the request of a faculty member, Trible Library owned books and personal copies of books may be placed on reserve. Excerpts from copyrighted works (book chapter, journal article) may be placed on reserve as long as they meet the conditions under Section IV.C.: Reproductions Under Fair Use.
Audio visual material may be placed on reserve if the items are library owned or are legally obtained physical copies. The original material placed on reserve must be owned by the instructor, department or college. You may place one reproduction of a personally owned item on reserve, but you must prove ownership of the original item.
2. Restrictions
a. Multiple Copies Placed on Reserve
The number of copies of any one item should be reasonable in light of the number of students enrolled, and the difficulty and timing of assignments
b. InterLibrary Loan Material
The library will not place on reserve any material obtained via InterLibrary Loan or any material owned by another library that has been checked out in the instructor’s name.
c. Right of Refusal
Though copyright compliance is ultimately the responsibility of the instructor, the Library reserves the right to refuse for reserve any material that is deemed to not be fair use according to this policy.
C. InterLibrary Loan
The National Commission on New Technological Uses of Copyrighted Works (CONTU) prepared a set of guidelines governing copying and interlibrary arrangements in conjunction with Section 108 of the Copyright Act. Its provisions are as follows:
1. Restrictions on the Number of Periodical Copies
The Interlibrary Loan department should not submit, during any calendar year, more than five requests for copies 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 copies of articles requested from periodical titles exceeding five years of age. Requests in excess of the above limits are subject to the copyright permissions process and payment of royalties, where applicable.
2. Notice
All copies made by the Interlibrary Loan units and the interlibrary loan order forms must bear a notice of copyright.
D. Unsupervised Reproduction Equipment
In accordance with Section 108 of the Copyright Act, a library is free from liability for copyright infringement for unsupervised use of reproduction equipment if the library posts a notice indicating that the making of a copy may be subject to copyright law. A copyright notice should be placed on all equipment capable of reproducing copyrighted works that are publicly available in unsupervised settings. This includes photocopiers, printers, microform printers, scanners, and all other equipment capable of reproducing copyrighted materials.