THE UNIVERSITY OF GEORGIA LIBRARY COPYRIGHT POLICY Bobby Bowden Mary Ellen Brooks Steven Brown Claire Colombo Bill Coscarelli Jo Davidson Susan Field Bob Henneberger Caroline Killens Nan McMurry Susan Morris, Chair Kevin Risner Deb Sommer CONTENTS INTRODUCTION PURPOSE OF POLICY ....................................1 INTENT OF COPYRIGHT ..................................1 PUBLIC DOMAIN/DURATION OF COPYRIGHT ..................1 FAIR USE .............................................2 LIABILITY OF LIBRARY EMPLOYEES .......................3 COPYRIGHT AND NEW TECHNOLOGY .........................3 POLICIES COPY SERVICES ........................................3 RESERVES .............................................4 DOCUMENT DELIVERY ....................................4 INTERLIBRARY LOAN ....................................5 GOVERNMENT PUBLICATIONS ..............................6 PRESERVATION .........................................7 PHOTOGRAPHIC SERVICES ................................7 HARGRETT RARE BOOK & MANUSCRIPT LIBRARY ..............8 NONBOOK MATERIALS ....................................8 VIDEO/FILM/SOUND RECORDINGS ........................9 COMPUTER SOFTWARE ..................................9 MUSIC SCORES ......................................10 RICHARD B. RUSSELL MEMORIAL LIBRARY..................10 UNIVERSITY ARCHIVES................................. 10 LICENSE AGREEMENTS ..................................11 REFERENCES .............................................12 INTRODUCTION PURPOSE OF POLICY ----------------- This policy is intended to serve as an in-house guide concerning the reproduction of library materials in The University of Georgia Libraries, in accordance with the Copyright Law of the United States (hereafter referred to as 17 U.S.C. (United States Code)). Permission to copy this policy for non-commercial educational use is freely granted. INTENT OF COPYRIGHT -------------------- The U.S. Constitution grants Congress the power "to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries." The purpose of copyright is to further knowledge for the public good by providing authors with an economic incentive to publish their works. The intended beneficiary of copyright is the public; the author's gain is incidental except insofar as it functions as an incentive. PUBLIC DOMAIN/DURATION OF COPYRIGHT ----------------------------------- 1. If a work was first published (publicly distributed) more than 75 years ago, it is safe to assume it is in the public domain. The duration of copyright for works less than 75 years old is as follows: A. If a work was first published before January 1, 1978, the first term of copyright endures for 28 years from the date it was originally secured. B. If a work was first published before January 1, 1978, and its copyright was renewed, the renewal term endures for 75 years from the date copyright was originally secured. C. If a work was not published or copyrighted prior to January 1, 1978, the term of the copyright is the life of the author plus 50 years, but at least until December 31, 2002. If a work was published before 2002, then the term will last until December 31, 2027. (Reed, p.3) 2. If a work is a United States Government publication, copyright protection is generally not available (17 U.S.C. 105). Nevertheless, a limited number of U.S. government publications may be copyrighted under special circumstances; see p. 6 for a more detailed explanation. FAIR USE -------- "A fair use is not merely an insubstantial use. It is a use for the common good. The fair use doctrine asks, not what copyright can do for the author but what the author can do for copyright." (Hartnett, 203) In recognition that the unrestricted flow of information is vital to a free society, the First Amendment to the U.S. Constitution prohibits actions that could abridge freedom of speech or of the press. Because information flows in more than one direction, the First Amendment guarantees both the right to express information and the right to receive it. Copyright, too, is intended to promote the sharing of ideas, but because it employs restrictions on the expression of ideas as an economic stimulus to their dissemination, copyright may come into conflict with the greater purpose of the First Amendment. The doctrine of fair use represents an attempt to strike a balance between the requirements of the First Amendment and appropriate compensation to authors as protected by copyright. 17 U.S.C. 107 states that copyrighted materials may be reproduced under special circumstances that constitute fair use. Among the factors to be included in the consideration of what constitutes fair use are: 1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit education 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. As a non-profit, publicly supported institution, The University of Georgia exists to advance knowledge through research, to disseminate knowledge through teaching, and to provide service to the public for continued learning. Therefore, reproductions made for patrons with university identification can be assumed to be for non-commercial educational purposes. The Libraries collections contain scholarly materials intended for the academic community and as such are of a nature most appropriate to claims for fair use. Authors and publishers are compensated for their initial production costs in the purchase price of a publication. They have not, however, found it profitable to support publications for the long term. Thus most publications go out of print and become unavailable after a relatively short time. The responsibility for preserving information indefinitely has fallen to libraries; therefore, the reproduction of otherwise unavailable materials within library collections can have no significant adverse economic impact on the potential market for or value of the material. LIABILITY OF LIBRARY EMPLOYEES -------------------------------- 1. Unsupervised reproduction: Liability for copyright infringement may not be imposed on a library or its employees for unsupervised use of reproducing equipment located on its premises, provided that such equipment displays a notice that making copies may be subject to copyright law (17 U.S.C. 108f). The Libraries currently display and will continue to display the proper notices. 2. Supervised reproduction: Libraries units will review this policy and determine that they are not in violation of copyright law before requesting that copies be made. The Copy Services department will use this policy to review requests from other University departments and personnel. COPYRIGHT AND NEW TECHNOLOGY ---------------------------- Copyright functioned best in an era when the means of reproduction lay in the hands of a limited number of agents with the requisite skills and equipment. In recent years, however, technological developments have made it possible for almost anyone to make reproductions in a variety of formats. Furthermore, the Copyright Law is proving to be increasingly inadequate to address the needs of emerging technologies. For example, it is no longer possible in some media to draw a distinction between an idea and its expression, and in an electronic environment it is often impossible simply to read an idea without first copying it. What is needed are not amendments to the Copyright Law, but a fundamental reconsideration of the concept of intellectual property, Until new standards are established, the Libraries will take full advantage of new technologies to further the educational mission of The University of Georgia. POLICIES COPY SERVICES ------------- It shall be the responsibility of each University of Georgia Libraries unit to review all photocopy requests for copyright compliance before submitting material to Copy Services. Therefore, Libraries' unit requests received by Copy Services will be assumed to be in compliance with Libraries copyright policy and will be filled accordingly. Copy Services staff will consider University of Georgia patron requests for photocopies to be permissible as fair use, provided that the following criteria are met: 1. Use is academic in nature, for non-profit, educational purposes. 2. Purpose is for time-shifting, to make material available for study at patron's convenience. 3. Request is for a single copy of one original, as opposed to multiple copies of the same original. Requests meeting the above criteria will be filled. Photocopy requests from commercial, for-profit entities or those of a non-academic nature will be filled according to the twenty- percent rule, or one article per journal, one chapter per book, etc. RESERVES -------- At the request of a faculty member, photocopies of articles or chapters of books may be placed on reserve. Under the fair use guidelines photocopies of these materials may be made without requiring permission from the copyright owner. One copy for every 10-15 students in the class is the number recommended in the _ALA Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use_ (March 1982). Material that has been photocopied by the Libraries for the express purpose of being put on reserve will be the property of the Libraries and will be retained for a specified period of time. If the material has not been requested during that time, it will be destroyed. DOCUMENT DELIVERY ----------------- 1. Members of The University of Georgia scholarly research community: The University of Georgia Libraries Circulation Departments and the Science Library Document Delivery Unit adhere to the fair use guidelines in providing photocopies to these researchers. In line with the guidelines, the unit will provide an individual researcher with one copy of any article(s) or chapter(s) needed from a publication. 2. The United States Department of Agriculture Regional Document Delivery System Cooperative Agreement: As part of a cooperative agreement with the USDA, and in line with its landgrant university mission, The University of Georgia Libraries also act in support of USDA researchers within the Southeast. In support of their research, the Science Library Document Delivery Unit adheres to the fair use guidelines providing properly qualified researchers with one copy of any article or chapter needed for their work. 3. INFOSouth Document Delivery, USDA Forest Service Users: As part of a cooperative agreement with the USDA Forest Service, The University of Georgia Libraries act in support of Forest Service researchers within the Southeast. In support of their research, INFOSouth document delivery unit adheres to the fair use guidelines providing qualified scholarly researchers with one copy of any article or chapter needed for their work. 4. INFOSouth Document Delivery, others: Any document deliveries performed for subscribers (individuals or companies who are operating in a for-profit arena) are reported to the Copyright Clearance Center and royalties paid unless the request is for a non-copyrighted publication. INTERLIBRARY LOAN ----------------- The Libraries endeavor to provide maximum participation in the interlibrary loan process for both University of Georgia users and for other libraries that ask us to provide materials to fill their users' requests. At the same time, the Libraries attempt to follow the guidelines which were formulated by the National Commission on New Technological Uses of Copyrighted Works (commonly referred to as the CONTU guidelines) to address the problem of copying in aggregate quantities as it might apply to the interlibrary loan process. Though these guidelines are merely recommendations, which may not carry the force of law, the Libraries adhere to CONTU, not only because the majority of ILL departments at other institutions abides by these guidelines, but also because the guidelines uphold the fair use doctrine. The guidelines allow the Libraries to obtain five journal articles per title from the last five years free from royalty considerations, and do not place restrictions on articles over five years old. At present the Libraries rarely exceed the CONTU five-in-five rule, even though we obtain hundreds of articles for our users each year. In those cases when a given title comes under question for possible copyright violation, we have almost always been able to fill a user's needs through a combination of CONTU-covered articles with the spillover obtained through a commercial document supplier whose fee contains a royalty payment. Our joining the Copyright Clearance Center in 1992 has provided one more avenue for obtaining needed journal articles without fear of copyright violation. Interlibrary loan operations consist of two distinct functions: Borrowing and Lending. The CONTU guidelines apply to both functions, but the responsibility for compliance falls primarily on the borrowing library. 1. Borrowing: All requests for materials not available in The University of Georgia Libraries should be referred directly to ILL to determine whether such requests can be filled. The ILL Borrowing Section will make every attempt to obtain material not owned by The University of Georgia Libraries but needed by eligible University of Georgia users without violating copyright law. ILL must search the title(s), find locations for the material, examine the time span of the articles involved, and determine whether the journal title(s) are available from commercial document suppliers, are covered by the Copyright Clearance Center, or are covered by fair use. 2. Lending: Since the CONTU Guidelines specifically state that the requesting entity shall maintain records of all requests it makes for copies, we will fill any request for a photocopy of an article as long as copyright compliance is indicated on the request form (CCG or CCL) by the requesting library. We will assume that the requesting library is taking responsibility for both the nature and the amount of the material it is requesting. In the case of requests for dissertations and theses done at The University of Georgia, ILL will lend non-archival copies of these materials. If a requesting library wishes to purchase copies of dissertations or theses done at The University of Georgia, ILL will direct the requesting library to purchase the material from University Microfilms International, if it is available from them. In many cases, the author has signed an agreement for UMI to be the sole agent for reproducing his or her thesis. UMI is equipped to provide this service and their flat-rate fee is generally cheaper than our rate, which is based on the number of exposures copied. If the requested dissertation or thesis is not available from UMI, we will copy the material if it is to be added to the requesting library's collection per 17 U.S.C. 108b. If it is to be given to a user, we will provide, if possible, the author's latest known address, so that the user can obtain the author's permission. If we cannot ascertain a plausible "latest address" (for example, if the author completed his/her work in 1947 and has not updated an address within the last five years) we will offer to copy, considering our call to the Alumni Records Office to be an honest attempt to locate the author for permission. GOVERNMENT PUBLICATIONS ----------------------- Publications of the United States Government are documents prepared by an officer or employee of the government as part of that person's official duties (17 U.S.C. 101) and as such are in the public domain and are not copyrighted. These may be photocopied without restrictions. However, there are a few U.S. Government publications that have been copyrighted and a copyright notice will appear in them. These publications are subject to the Libraries general copyright policy. Publications of the State of Georgia are defined as "any written material produced for dissemination to the public by any state agency..." (O.C.G.A. 50-18-51). These may be photocopied without restrictions. However, if a copyright notice appears in any document, the Libraries general copyright policy should be followed. Publications of other governments and international organizations may or may not be copyrighted. If a copyright notice appears in the document, the Libraries general copyright policy should be followed. PRESERVATION ------------ Libraries and archives are permitted to copy published or unpublished works for the purpose of preservation (17 U.S.C. 108). The University of Georgia Libraries will observe the following conditions before reproducing library materials for preservation purposes: 1. Material comes from collections that are open to the public. 2. Reproduction is made with no purpose of commercial advantage. 3. Notice of copyright is included in the reproduction. 4. For published works not in the public domain, a suitable replacement at a fair price will be sought, and reproduction undertaken only if an acceptable replacement is unavailable. Abiding by these guidelines, The University of Georgia Libraries will engage in preservation reproduction in the full range of formats, whether produced in house or at the Libraries' request through cooperative projects or by commercial vendors. PHOTOGRAPHIC SERVICES --------------------- Purpose of microfilming: transferring any printed format to microfilm is done to ensure the long-term retention of the intellectual content of these materials, to preserve them beyond the life span of the paper on which they were printed. In general, microfilm copies are provided only for film produced in Photographic Services. One or more of the following circumstances must apply before we will duplicate any microfilm produced by another lab: 1. Duplication is done to preserve and provide access to microfilm copies of Georgia newspapers. 2. The lab that originally produced the microfilm is no longer in business. 3. The master negative(s) cannot be located. 4. There is no other source for the microfilm. Newspapers: Photographic Services will provide copies of any newspaper we filmed to other libraries, county governments, newspaper publishers, or researchers as required by National Endowment for the Humanities, United States Newspaper Program to ensure complete access to our Georgia newspaper microfilm collection. Implied permission to copy is given by the 200+ newspaper publishers who give us free copies of their publications for the express purpose of microfilming. Newspapers that contain legal advertisements are considered state records by law, and as such can be copied. Other printed material: Permission to reproduce materials from the Hargrett Library is dictated by the head of that department. Materials from the general collections are filmed according to a written policy that requires searching of all known sources for suitable replacements before reproduction is undertaken. Photographs: Permission to reproduce photographs from the Hargrett Library is dictated by the head of that department. We require identification from patrons seeking photographic work, since charges are less for University of Georgia personnel and students. If the patron is not a member of the university community, restrictions will increase on how much duplication we will do from any single source. Copies of individual photographs are made without question unless there is a copyright stamp on the reverse. HARGRETT RARE BOOK & MANUSCRIPT LIBRARY --------------------------------------- Reproduction: Photocopying for specific educational research or reference is generally permitted. Photocopying may be limited or prohibited due to the condition of the material or for security reasons. The person requesting the reproduction assumes all responsibility for infraction of copyright, or any use exceeding fair use. Any commercial application of copyrighted materials is not fair use and always requires the consent of the holder of copyright. Permission to reproduce does not constitute permission to publish. Publishing: Ownership of copyright does not automatically accompany ownership of the physical property. In general, the Hargrett Library does not hold copyright for the manuscript letters, diaries, artwork, photographs and audio/visual materials in its collections. It is solely the responsibility of the researcher to obtain the permission of the copyright owner before publishing any previously unpublished material. Permission to publish is required from both the owner of copyright and the Hargrett Library as owner of the physical property. NONBOOK MATERIALS ----------------- The Libraries follow the general copyright policy for all nonbook items except under the special circumstances noted below. 17 U.S.C. 108h "generally removes musical, graphic, and audiovisual works from the specific exemptions of section 108," but "it is important to recognize that the doctrine of fair use under section 107 remains fully applicable to the photocopying or other reproduction of such works...Nothing in section 108 impairs the applicability of the fair use doctrine to a wide variety of situations involving photocopying other reproduction by a library of copyrighted material in its collections, where the user requests the reproduction for legitimate scholarly or research purposes." (U.S. Congress, House 1976, pp. 78-79) A. Video/Film/Sound Recordings 1. Complete copyrighted works or substantial portions thereof will not be duplicated. If the material is out of print or no longer available at a fair price, duplication is allowed. Duplication is also allowed in accordance with numbers 2 and 3 below. 2. Portions of commercially acquired copyrighted works may be copied for instructional purposes. The amount and substantiality of the portion used in relation to the copyrighted work as a whole must be considered in determining whether the use of the excerpt constitutes fair use. "Excerpt" tapes (video/audio) produced by The University of Georgia Libraries are the property of the Libraries and must be returned after class use. 3. Peabody Awards material is not duplicated except for archival/preservation purposes by The University of Georgia Libraries. The duplicate tape becomes the service copy and the original serves as the archive copy. If an individual or agency outside The University of Georgia wished to duplicate these materials, refer the requester to the Peabody Awards Coordinator, School of Journalism and Mass Communication. B. Computer Software The term computer software applies to all software for microcomputers, minicomputers, mainframes, or any other device, and includes the software documentation. 1. The University of Georgia Libraries will make a back-up copy of any software it has purchased. The original then serves as the archive copy, while the back-up copy becomes the service copy and may circulate for 28 days. 2. A notice stating that unlawful copying of software is prohibited will be posted in an area visible to the user on or near all self-service microcomputers available for patron use. 3. A notice stating that unlawful copying of software is prohibited will be placed on the container or on the software itself for any software loaned by the Libraries. C. Music Scores 1. For academic purposes other than public performance, a single copy of a excerpt from a copyrighted, in-print work may be made, provided that the excerpt does not comprise a part of the whole which would constitute a performable unit such as a selection, movement, or aria. (Reed, p. 27) 2. A single copy of an entire performable unit (section, movement, aria, etc.) that is (a) confirmed by the copyright owner to be out of print or (b) unavailable except as part of a larger work, may be made by or for a teacher solely for the purpose of scholarly research or classroom instruction. RICHARD B. RUSSELL MEMORIAL LIBRARY ----------------------------------- In order to facilitate various aspects of research, the Russell Library staff will provide requested reproductions of a reasonable amount of material from its collections, provided that such copying is consistent with donor instruction and copyright law. In some cases the physical condition of the items involved, the number of items requested, or the intended use by any one researcher may determine whether or not permission is granted. Before material from the Russell Library collections may be quoted in print, or otherwise reproduced, in whole or in part, in any publication, permission must be obtained from (1) the owner of the physical property, and (2) the holder of the copyright. It is the particular responsibility of the researcher to obtain both sets of permissions. Persons wishing to quote from materials in the Russell Library collections should consult the department head. Reproduction of any item must contain a complete citation to the original. The researcher is solely responsible for the use made of any material secured from the Russell library and any infringement of copyright. As part of the Russell Library research application, the patron must sign an agreement to the "Policy Relating to Use and Reproduction of Materials and Their Copyright." UNIVERSITY ARCHIVES ------------------- The University holds the copyright on all material within its archival holdings. For purposes of research or reference, archival documents may be photocopied. Photocopying may be prohibited or limited should the physical condition of the material render it unfit for reproduction. Clearance to publish archival material must be obtained from the head of the academic or administrative unit from whence the material originated. LICENSE AGREEMENTS ------------------ When a product acquired by The University of Georgia Libraries is accompanied by a license agreement (particularly when signatures are required), it should be clearly understood that The University of Georgia Libraries, in most instances, are not acquiring ownership of the material but are instead acquiring only the rights, as set forth in the terms of the license agreement, to "use" the product. Terms set forth in license agreements are those of the publisher/distributor. The University of Georgia Libraries are not required to accept these terms as stated but can instead negotiate mutually acceptable terms with the publisher/distributor. If a license agreement cannot be mutually agreed upon and the Libraries cannot abide by the terms set forth, the only option is not to acquire the product. At present, the Director of Libraries is responsible for signing all license agreements for magnetic tapes. The Head of Acquisitions is responsible for all other license agreements which require a signature. The Acquisitions Department maintains copies of all signed license agreements. REFERENCES ---------- Hartnett, Deborah A. "A New Era for Copyright Law: Reconstituting the Fair Use Doctrine." _Copyright Law Symposium_ 39 (1992): 167-203. Okerson, Ann. "With feathers: Effects of Copyright and Ownership on Scholarly Publishing." _College and Research Libraries_ 52 (1991): 425-438. Reed, Mary Hutchings. _The Copyright Primer for Librarians and Educators_. Chicago: American Library Association; Washington, D.C.: National Education Association, 1987. U.S. Congress. House. _Copyright Law Revision_. 94th Cong., 2nd sess., 1976. H.R. Rep. 1476. .