Copyright Law and the Library

For Reserves | For the Permanent Collection | For Patrons | For Interlibrary Loans

The Library follows the "Fair Use Guidelines" incorporated into the legislative history accompanying the 1976 U.S. Copyright Act and subsequent Amendments. Neither the Copyright Act nor the "Fair Use Guidelines" apply to published and unpublished works in the public domain.

Copying for Reserve Use

It is permissible to place on Reserve a single copy of :

  • chapter of a book;
  • an article from a periodical or newspaper;
  • a short story, short essay, or short poem whether or not from a collective work.

It is permissible to place on Reserve multiple copies of a work provided the following tests of brevity, spontaneity, and cumulative effect are all met:

  1. brevity - a complete poem, if less than 250 words, or an excerpt of not more than 250 words from a longer poem; a complete article, story or essay if it is less than 2,500 words or an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words;

  2. spontaneity - the copying is at the instance and inspiration of the individual teacher; the decision to use the work and the moment of its use for maximum effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission;

  3. cumulative effect - the copying is for only one course (multi-section courses taught by same faculty member = one course; multi-section courses taught by different faculty members = separate courses); there are no more than nine instances of multiple photocopying for one course during a class term; not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during a class term.

Prohibitions to copying for Reserve use:

  1. Copying must not be used to create or to replace or to substitute for anthologies, compilations, or collective works;
  2. There must be no copying of or from works intended to be "consumable" in the course of study or of teaching (e.g., workbooks, exercises, standardized test booklets, etc.);
  3. Copying must not substitute for the purchase of books, publisher's reprints, or periodicals;
  4. Copying must not be directed by higher authority but must be at the direction of the individual teacher;
  5. Copying of the same item or items must not be repeated by the same teacher from term to term.

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Copying for the Permanent Collection

It is permissible for the Library to reproduce in facsimile form and to retain for purposes of preservation and security any unpublished work already in its collections.

It is permissible for the Library to duplicate in facsimile form a published work, but solely for the purpose of replacement of a work that is damaged, deteriorated, lost, or stolen. Before the Library makes or requests, such a copy it must make a determination after a reasonable effort that a replacement cannot be obtained at a fair price.

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Copying for Patrons

  1. It is permissible to make and to give a patron a single copy of:one article or contribution to a copyrighted collection or periodical issue;
  2. extracts from any other copyrighted work, not to exceed 10% of the whole.

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Interlibrary Loan Copies

The following guidelines apply to copies obtained through interlibrary loan arrangements:

  1. no more than five copies of an article or articles published in any given periodical title and dating five years or less from the date of the interlibrary request may be ordered within any calendar year;
  2. an unlimited number of copies published in any given periodical title and dating more than five years from the date of the interlibrary request may be ordered within any calendar year;
  3. with respect to other types of copyrighted materials, no more than five copies of excerpts from any given work may be requested during the entire time that work is protected by copyright.

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