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Copyright and the Furman University Libraries
The Furman University Libraries are committed to providing services that are in compliance with copyright law. We are also committed to helping members of our community navigate the increasingly complex and evolving world of copyright. We recognize that the library is but one place on campus where copyright issues arise but it is a logical place for faculty, students and staff to look for direction when confronted with copyright questions. This page is intended to be a resource on issues concerning copyright. It is not intended as legal advice and should not be construed as such. It is designed to provide basic copyright information and to point to additional resources. We seek: 1. To ensure that library policies are in compliance with copyright law by posting appropriate copyright notices, maintaining appropriate records, keeping abreast of changes to the law and regularly reviewing library practices. 2. To assist faculty in their efforts to comply with copyright law, especially with regard to reserves and other areas where copyright compliance, the university's teaching and research missions, and library services converge. To provide direction to faculty when their copyright concerns fall beyond the scope of expertise available in the library. 3. To raise awareness and foster discussion of copyright issues within the Furman community. To develop the collection in the area of copyright law and to provide students, faculty and staff with a variety of tools to address copyright concerns.
Photocopying Faculty at Furman University are to adhere to the intent and provisions of the law concerning copyrighted materials, as stated in Furman policy 171.1. While various guidelines exist, we recommend that faculty look first to the actual statute, Title 17 of the U. S. Code, when seeking guidance about the lawfulness of photocopying copyrighted materials for classroom and research use. There are several exceptions/limitations to the Exclusive Rights of Copyright Owners which may allow for, among other things, reproducing a copyrighted work without first getting permission from the copyright owner. These exceptions are stated in Sections 107 through 118 of Title 17. In most circumstances in which the photocopying of copyrighted materials is in question, faculty should look to Section 107, Fair Use. Section 108 may be applicable in instances involving reproduction by libraries and archives. Secondarily, faculty may look for guidance in: 1."The Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use" (referred to as The Model Policy.) or 2. "The Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions with Respect to Books and Periodicals" (referred to as The Classroom Guidelines.) It should be noted that The Model Policy, a document created by the American Libraries Association (ALA), never became an official ALA Statement. It is, nonetheless, offered as alternative to the more conservative and restrictive Classroom Guidelines. It should also
be noted that while The Classroom Guidelines (endorsed by the
American Publishers Association (APA) and 2 other non-library organizations)
are helpful, they are not law. They should be used for what they are;
guidelines that reflect the minimum standard, not the maximum standard
of educational fair use. The Classroom Guidelines are not a
limit on what is allowed in Section 107. Steps for faculty: 1. Determine whether the material in question is in the public domain. Items in the public domain are no longer covered by copyright and may be reproduced. Faculty may consult the chart, "When Works Pass Into the Public Domain." 2. If faculty determine that the material is still subject to copyright protection, consult the Fair Use Checklist as a first tool to help determine whether the photocopying of the copyrighted materials is lawful under Fair Use. The Fair Use Checklist is one way to help evaluate the four factors that must be considered:
3. In instances where the photocopying is determined by the faculty member to fall outside the range of Fair Use, and he/she has determined that no other exception provided in the statute applies, the faculty member should secure permission from the copyright holder or find an alternative source of content. The Copyright Clearance Center is particularly helpful in securing permissions and paying royalties when necessary. Other copyright permissions and Collections Rights Organizations exist that may be helpful in obtaining permissions. A list of some of these organizations is available at the Copyright Management Center of IUPUI. 4. In cases where further information or action is needed, faculty members should consult with the Director of Libraries.
Furman University students are to adhere to the intent and provisions of the Copyright law and University policies. Students may find the following useful:
Section 512(c) of the Copyright Act provides for limitations of service provider liability relating to material online, "if the service provider has designated an agent for notification of claimed infringement by providing contact information to the Copyright Office and through the service provide's publicly accessible website." - The Furman University Agent for Notification of Claims of Infringement: Greg Carroll. Copyright policy statements within the university:
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 specified 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.
The U.S. Copyright Office has a useful FAQ. This page is maintained by Laura Baker. |
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