May 21, 2003
Fair Use
Section 107 of the U.S. Copyright Act addresses the limitations on the exclusive rights of copyright owners and provides four factors to be considered in determining fair use. The following is an excerpt from Section 107:
Notwithstanding the provisions of sections 106 and 106A 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 the factors to be considered shall include-
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
Fair use provisions play a role in setting the Rincker Memorial Library guidelines in the following areas:
Library Reproduction
The Rincker Memorial Library houses several types of equipment capable of making reproductions, such as photocopiers, microform reader/printers, and computers.
Reproduction of copyrighted works can occur under the condition that it is specifically allowed by the law, fair use, license agreement, or the permission of the copyright holder.
Section 108 of the U.S. Copyright Act authorizes the library to make limited reproductions of materials under certain conditions. These conditions include preservation, replacement of lost, damaged, or stolen materials, updates to obsolete formats, a patron’s private study, scholarship or research, and interlibrary loan.
A copy made for a patron under the provisions of section 108 must become the property of the patron and include a notice of copyright; if no copyright notice is on the original, then the copy must include a copyright legend.
Under Section 108(f), the library is not responsible for unsupervised patron use of reproducing equipment located in the library, as long as such equipment displays a notice that making copies may be subject to copyright law.
Interlibrary Loan
The Rincker Library may request and borrow materials through interlibrary loan via different methods: the OCLC system, ALA forms, e-mail requests, the Library web page interlibrary loan form, and the Eastern Shores Library System.
Interlibrary loans fall under section 108(d), (e), and (g) of the 1976 copyright code, modified section 108(g) of the 1998 Digital Millennium Copyright Act and under the CONTU guidelines.
CUW as a borrower is responsible for whole book, book chapter, and article copyright compliance to the laws and guidelines. Copyright compliance is primarily the responsibility of the borrower.
CUW as a lender should check for copyright codes, but is not prohibited from sending copies to libraries that do not place a code on the request. The Digital Millennium Copyright Act requires that each article sent include either a copy of the copyright information page (generally the title page verso) or includes a warning stating the material may be covered by copyright law.
CONTU Guidelines offer guidelines for allowable copying of material that has been published within the last five years. The rule of five = during one calendar year, for one periodical title, five articles can be copied from a periodical title within the last five years.
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Interlibrary Loan should not be used as a replacement for collection development.
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The guidelines suggest that no more that one article should be requested from a single issue of a journal title.
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Requesting library owns requested item, but item is currently unavailable.
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Interlibrary loan request states Compliance with Copyright Law (CCL) or Compliance with CONTU Guidelines (CCG).
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Requesting library maintains record of all requests and fulfillments for copies and for 3 years after conclusion of calendar year when the requests were made.
Article requests should be in compliance with copyright. CCL and CCG codes indicate this compliance when borrowing photocopies through interlibrary loan.
CCL code is used when the material constitutes fair use and comes from publications that published more than five years from the present.
CCG is the code used when the material was published during the most recent five years. This code indicates that the information you are requesting meets the requirements of fair use.
Course Reserves
Placement of materials on reserve in the Rincker Memorial Library provides a method for faculty to supplement the materials required for a course. The library recommends that individuals review the following guidelines before submitting materials to be placed on reserve.
Reserve Guidelines for Copyright Compliance:
Use of reserve materials is for non-commercial, nonprofit educational purposes.
Reserve materials must constitute a small portion of the materials required for the course.
Copies must be limited to a single article from a periodical or newspaper; a single chapter from a book; a chart or illustration; a short story, short essay or poem; or other small parts of a work.
Copies must be ones a faculty member or the Rincker Memorial Library has obtained lawfully by purchase, license, fair use, interlibrary loan, etc.
Copies must include the following: 1.) any copyright notice from the original, 2.) relevant citations and attributions to the source, 3.) notice indicating that materials may be covered by copyright law, as prescribed in Section 108 of the U.S. Copyright Act.
Use of computer software and audiovisual materials must comply with applicable licensing agreements or other terms set by the copyright holder determining number of simultaneous users and/or other usage restrictions.
In order to place materials on reserve for a period greater than one semester for the same course, instructors must obtain permission from the copyright holder.
Copies of consumable works, such as workbooks, standardized tests, and written exercises, may not be placed on reserve without permission from the copyright holder.
Rincker Memorial Library, Copyright Committee
May 21, 2003
The Rincker Memorial Library is not legal counsel to Concordia University Wisconsin or to any members of the university community. A mission of the RML Copyright Guide is to provide information and education services to help members of the community better address their needs. The information included in this guide is not legal advice. Individuals and organizations should consult their own attorney.
