Policy #: 2012-03 [PDF Version ]
Responsible Executive: Dean Library Services
The Library will engage in the reproduction and distribution of copyrighted works in accordance with USC Title 17, Section 108, which states:
“Except as otherwise provided in this title and notwithstanding the provisions of section 106, it is not an infringement of copyright for
a library or archives, or any of its employees acting within the
scope of their employment, to reproduce no more than one copy or phonorecord of a work except as provided in subsections… or
to distribute such copy or phonorecord, under the conditions specified by Section 108 of Title 17, United States Code.” (b) and
Libraries may reproduce and distribute copyrighted materials according to Title 17, Section 108 when the following conditions apply:
|REASON FOR POLICY||
|This policy applies to Library employees acting within the scope of their employment at FGCU. Individual employees, Library, and University are subject to liability laws and penalties in a case of copyright infringement.|
|DEFINITION OF TERMS||
Copyright Act - Title 17, U.S. Code. protects “original works of authorship” “fixed in any tangible medium of expression”.
Copyrighted Works - U.S. Constitution provides for the rights of authors to control the reproduction and distribution of their creative works for a limited time. (U.S. Constitution, art. I, S.8, cl. 8.)
Copies - are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term “copies” includes the material object, other than a phonorecord, in which the work is, first fixed.Copyright Owner - The person or entity with exclusive rights comprised in a copyright to control the reproduction and distribution of a creative work. The copyright owner has exclusive rights to:
The copyright owner may transfer any or all of these
Derivative Work - a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a “derivative work”.
Display - To display a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images non-sequentially.
Fair Use - Notwithstanding the provisions of sections 106 and 106A, (that grants exclusive rights to copyright owners) the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords, or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use these four factors are considered:
Fixed Work - A work is “fixed” in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is “fixed” for purposes of this title if a fixation of the work is being made simultaneously with its transmission.
Infringement – Any violation of the exclusive rights of a copyright owner without authority, or a relevant statutory exception or limitation on the right at issue.
Literary Works - are works, other than audiovisual works,expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied. Phonorecords - are material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known, or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term “phonorecords” includes the material object in which the sounds are first fixed.
Published Work - A work is "published" when copies are distributed to the public by sale or other transfer of ownership or by rental, lease, or lending. Publicly performing or displaying a work does not constitute publication.
Library Reproduction of Copyrighted Materials:
Provisions in the Copyright Law limit the rights of the copyright owner when the copyrighted material is being used or the purpose of criticism, comment, news reporting, teaching scholarship, or research. In addition, there are particular provisions exclusive to libraries and archives under certain conditions.
The FGCU Library determines copyright compliance through its interpretation of the following documents:
The Library will refuse the reproduction of any material that it deems not in compliance with these copyright laws and guidelines.
Library Reproduction Policy:
General (Library copying, scanning, & digitization for archives, and general collections.)
The following circumstances must exist for the Library to reproduce published works:
Outside the exceptions allowed by law, the right of libraries and archives to make reproductions and distribute such, apply to a single copy, made from the library’s collections or from that of another library or archive upon the request of a user or another library.
Interlibrary Loan: Library as Requestor:
As the requesting party, the library must comply with Sections 108(e) & (g) of Copyright Law:
Reproducing portions of a work.
The Library may provide no more than one article or other contribution to a copyrighted collection or periodical issue, or a copy or phonorecord of a small part of any other copyrighted work, provided that:
Reproducing entire works.
The Library may copy an entire work, or a substantial part of it, from an item held in the collection or from that of another library or archive, if the library has first determined, on the basis of a reasonable investigation, that a copy or phonorecord of the copyrighted work cannot be obtained at a fair price.
The following is prohibited:
Requesting a copy of an entire work.
The Library responsibilities are:
CONTU Guidelines quantify the maximum number of photocopied articles — five — that can be requested from the most recent five years of a periodical the library does not subscribe to. The “suggestion of five” is considered within the resource sharing community to be the “best practice” in copyright compliance and is a guideline almost universally followed.
Requesting copy of an entire periodical or an article from a journal or small parts of other works.
In addition to the guidelines itemized above, the Library is responsible for the following when requesting copying of an entire periodical. The Library must:
Interlibrary Loan: Library as Responder to Copying Requests:
FGCU Library reserves the right to refuse to accept a copying order, from individuals or institutions, if in its judgment; fulfillment of the order would violate copyright law.
The “Reserve Room” is considered an extension of the classroom, so Copyright Law, particularly Section 107 and Fair Use guidelines apply to making multiple copies for classroom use for print and e-Reserve collections.
The Library considers the "four factors" stated in the statute on a case by case basis for determining Fair Use in its decision as to whether a particular request complies with the law. The four factors are:
All factors must be considered and balanced when determining applicability of Fair Use.
Additional guidelines for adding materials to print and ereserve collections:
Library Services will obtain copyright permissions and pay reasonable royalty fees for items placed in the Reserve Collection that exceed Fair Use Guidelines.
The Library uses the online service of the Copyright Clearance Center to obtain the majority of the copyright ermissions; occasionally rights holders must be contacted directly; permission may or may not be granted by the copyright holder.
Copyright permission is always needed when placing the following reproduced items (print or digital) in the Reserve
Unsupervised Copying in the Library
Section 108(f)(1) does not hold the Library responsible for infringement committed by patrons using reproduction equipment located in the library, as long as the library displays a notice on reproduction equipment that making such copies is subject to copyright law. The notice must include the following, but does not have to be verbatim:
Access to Media and Digital Materials:
Media materials – The Library may reproduce media materials for purposes of preservation and archiving only. However, the Library does not accept requests for copying creative works to create anthologies, including slides, photographs, art work, videos, and DVDs for any use.
Requests for reproduction of media materials for any other purpose must be directed to the Office of Curriculum and Instruction – e-Learning Services.
Digital materials - The FGCU Library subscribes to streaming video collections, e-books, and online research databases for the use of affiliated students, staff and faculty. Users are encouraged to link to digital materials for use in teaching and research activities.
The Library will not add, nor provide links to, illegal copies of any kind to print or digital collections.
See Appendices linked to this policy.
Copyright Law & Guidelines