Library copyright guidelines

This library recognizes that copyright exists for the public good and to promote the progress of Science and Art. These guidelines are designed to assure compliance with applicable copyright law, and at the same time allow people access to information in the furtherance of education and scholarship.

The Library reserves the right to refuse a photocopy request that, in its judgement, would violate copyright law, or to make available in the general collection, or on Reserve, such materials that might have been duplicated in violation of copyright law.

Interlibrary loan and Document delivery

A single copy of the following may be made for an individual for private study, scholarship, or research:

•  An article, chart, diagram, cartoon, or picture from a periodical, journal, or newspaper (not more than five copies from a title in a calendar year within the past five volume years)

•  A chapter, small portion, a chart, graph, diagram, cartoon, or picture from a book (not more than five copies in a calendar year for the duration each title remains protected by copyright law, i.e., life of the author plus 70 years)

•  A short story, short essay, or short poem whether or not from a collective work

The following requests are considered outside of A fair use and will not be filled:

•  The request for the duplication of an entire title,

•  The request for the duplication of an audio or video tape,

•  The request for the duplication of more than one article, chapter, chart, diagram, cartoon, or picture, from a single title,

•  The request for multiple copies of an item,

•  Requests that exceed the calendar year limit per title within the past five volume years.

Reserve

•  Under Fair Use a single copy may be placed on reserve. Under certain conditions, such as a very large class, time restraint, or difficulty of the assignment, a reasonable number of copies may be put on reserve. Five is usually considered a reasonable number. These conditions apply:

•  Material will bear the notice of copyright,

•  In general, the library should own at least one copy of the original work,

•  Library reserves are not to take the place of a purchased textbook or course materials package,

•  Copied materials should not be used for more than one term.

Photocopying for faculty members

Copies of tables of contents, articles, or portions of protected materials made for a faculty member must be requested by the individual. One article, chapter, portion, short essay, short story, short poem, cartoon, picture, graph, or chart per title per request may be reproduced.

Multiple copies for classroom use

(This is included for classroom copying done within the confines of the library)

Multiple copies of copyrighted materials may be made for classroom use if they do not exceed one per student, and:

•  The copying meets the brevity test (no more than one article, chapter, small portion, chart, graph, diagram, cartoon, short poem, short essay, or short story from each title issue)

•  The copying satisfies the cumulative effect test (There shall be no more than nine instances of such copying per class per term without permission from copyright holders)

•  Notice of copyright is included on each copy

•  The decision to reproduce the material for the class is made by the teacher directly in charge of the class     

•  The decision to use the material and the date of its use are so close in time that it is unreasonable to expect a timely reply to a request for permission from the copyright holder

•  The students shall not be charged more than the actual cost of reproduction

•  The copied material shall not substitute for any published work

•  Copying shall not occur repeatedly for the same work from term to term

•  Copying is not made of works considered A consumable @ ( copyrighted workbooks, tests, test booklets, answer sheets, etc.)

Photocopiers and duplicating equipment     

The following notice will be displayed in full view on all unsupervised duplicating equipment in the library:   

Replacement and archival copying

•  The library may copy complete published works only when replacing an item that is damaged, deteriorating, lost or stolen, and the library has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price.

•  Unpublished works may be duplicated in facsimile form for the purpose of preservation and security if the copy reproduced is in the library collection.   

•  The library may make single backup copies of software programs, and software that accompanies textbooks, for archival purposes.  

© 2007 by the Franklin Pierce Law Center Library

Contact Paula Jewell if you have any questions concerning information on this site.

Revised 08/03/2007

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