Revised: 12/16/2008

Albert B. Alkek Library Issue No. 3
Effective Date: 10/01/08
Review: May 1 E4Y

*01. POLICY STATEMENT

01.01 This UPPS is designed to help members of the university community understand and comply with the Copyright Act, Title 17, United States Code, insofar as it relates to copying materials maintained in the Albert B. Alkek Library.

02. LIMITATIONS OF THIS POLICY

02.01 The following UPPS's also provide information related to copyright:

UPPS No. 01.04.20 Copyright Guidelines for Musical Performances on Campus

UPPS No. 01.04.22 Copyright Guidelines for Classroom Use and Research

UPPS No. 01.04.23 Copyright Guidelines for Showing Movies on Campus

02.02 This UPPS is a summary only, and is not intended as a detailed guide to the copyright law. Persons with questions regarding the applicability of the copyright law to specific situations should contact the University Attorney.

02.03 Persons with general inquiries about the content of the copyright law should contact the Library Reference Department.

03. LIBRARY COPYING AUTHORIZED BY THE COPYRIGHT LAW

03.01 Under some circumstances, copyrighted material may be reproduced without the consent of the copyright owner and without infringing upon ownership rights to the work. Such use is known as “fair use” and this concept is recognized in the copyright law. The doctrine of the fair use attempts to balance the public's interest in facilitating and maximizing the dissemination, communication and use of the works against the copyright owner’s ownership interest.

03.02 The fair use provision of the law is, of necessity, general and is not susceptible to either precise definition or automatic application. Each case must be considered on its own merit. In determining whether the use made of a work in any particular case is a fair use, the factors to be considered include:

a. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;

b. The nature of the copyright work;

c. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

d. The effect of the use upon the potential market for or value of the copyrighted work.

*03.03 In addition to copying that would fall within the fair use section of the copyright law, certain types of library copying are authorized. Limitations and conditions exist with respect to each type of library copying.

a. General conditions and limitations which apply to all types of copying in the university's library:

1) The copy must be made without any purpose of direct or indirect commercial advantage;

2) The library must be open to the public and available not only to researchers affiliated with the university, but also to other persons doing research in a specialized field; and

3) The copy must include a notice of copyright.

b. In addition to these general conditions, it is possible that the library's own contractual obligations with a publisher or distributor might limit copying that otherwise would be authorized by the copyright law. By the same token, the limited types of copying authorized above could be augmented if the library and publisher agreed at the time of purchase that additional copying could be done. Therefore, library personnel must be sensitive to the conditions under which they purchase materials, and before executing an agreement, which would limit their rights under the copyright law, should consult with the University Attorney.

c. In general, the copyright law authorizes under certain circumstances, the making of a single copy of an entire work, and, under other circumstances, the making of a single copy of an article or small excerpt for a Library patron. The Library Reference Department or the University Attorney should be consulted in cases where doubt exists and to the propriety of making the copy.

04. PROCEDURES FOR EXHIBITING DISPLAY WARNINGS

04.01 The library will print the following display warning of copyright on heavy paper or other durable material in type at least 18 points in size, and shall display it prominently within the immediate vicinity of the place where orders for copying are accepted by employees at the university's library:

NOTICE

WARNING CONCERNING COPYRIGHT RESTRICTIONS

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of the 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, then the 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.

04.02 The library will print the same warning within a box located prominently on the Inter-Library Loan Order Form itself, either on the front side of the form or immediately adjacent to the space calling for the name or signature of the person signing the form. The notice shall be printed in type size no smaller than that used predominantly throughout the form, and in no case shall the type size be smaller than 8 points. The notice shall be printed in such manner as to be clearly legible, comprehensible, and readily apparent to a casual reader of the form.

05. PROCEDURES FOR USING COIN OR CARD-OPERATED COPYING MACHINES

*05.01 Users of materials held by the Alkek Library are responsible for securing permission from copyright owners and payment of such additional fees as the owners may require if the library does not hold copyright or if the material is not in the public domain. Users assume all responsibility for questions of copyright or other rights that may arise in copying and in the use made of the copy.

05.02 All coin or card-operated copying machines in the university's library shall contain the following notice: "Notice: The copyright law of the United States (Title 17, U.S. Code) governs the making of copies of any copyright materials. The person using this equipment is liable for any infringement."

06. LIBRARY COPYING WHICH IS NOT AUTHORIZED BY THE COPYRIGHT LAW

06.01 With the exception of audio-visual news programs, the copyright law does not authorize a library to make multiple copies.

06.02 "Related or concerted copying" (as defined in Section 108 of the law) is not authorized whether the copies are made on one occasion or over a period of time, and whether intended for aggregate use by one individual or for separate use by individual members of a group.

06.03 "Systematic reproduction or distribution of a single or multiple copies" (as defined in Section 108 of the law) is not authorized. The Library Reference Department or the University Attorney should be consulted in doubtful cases.

06.04 The Assistant Vice President, University Library, is responsible for complying with the copyright law in inter-library loans and reproductions.

*07. REVIEWERS OF THIS UPPS

07.01 Reviewers of this UPPS include the following:

Position Date

Assistant Vice President May 1 E4Y

University Library

University Attorney May 1 E4Y

Assistant Vice President for May 1 E4Y

Instructional Technology Support

*08. CERTIFICATION STATEMENT

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

Assistant Vice President, University Library; senior reviewer of this UPPS

Vice President for Information Technology

President