Library Copyright Policy
Fair use applies to library reserve readings to the extent that they function as an extension of classroom readings or reflect an individual student’s right to photocopy for his or her personal scholastic use. Therefore, at the request of a faculty member, the Library may photocopy and place on reserve excerpts from copyrighted works from the collection in accordance with guidelines similar to those governing classroom teaching.
1. A single photocopy of an article from a journal in OLLU’s collection or a photocopy obtained through interlibrary loan may be placed on reserve.
2. A single photocopy of an article supplied by an instructor may be placed on reserve provided that the copyright notice is included on the first page.
3. A portion of a copyrighted work (e.g., the book chapters) may be placed on reserve provided that it does not have a significant detrimental impact on the market for a copyrighted work. While fair use guidelines for classroom copying may be inappropriate at the college level.
4. Multiple copies may be placed on reserve after considering the following factors:
a. The amount of material is reasonable in relation to the total amount of material assigned for one semester of a course,
taking into account the nature of the course, its subject matter, and level.
b. The number of copies is reasonable in light of the number of students enrolled, the difficulty and timing of assignments,
and the number of other courses that may assign the same material.
c. The material contains a notice of copyright.
d. The effect of photocopying will not be detrimental to the market for the work. If the Library does not own a copy, it
will try to obtain one.
e. The timeliness of the matter to be copied.
5. A “reasonable number” of photocopies in 4a will in most instances be no more than five, but factors such as the length or difficulty of the assignment, the number of enrolled students, and the length of time allowed for completion of the assignment may permit more than five in unusual circumstances.
6. All photocopies placed on reserve will be stamped with the notice: “this material may be protected by copyright law (Title 17, U.S. Code)”.
The Library will refuse to accept the following types of photocopies for reserve readings:
1. Copies used to create or to replace or substitute for anthologies compilations or collective works.
2. Copies from works intended to be “consumable” in the course of study or of teaching (e.g., workbooks, exercises, standardized tests, test booklets and answer sheets, etc.).
3. Copies that substitute for the purchase of books, publisher reprints or periodicals.
4. Copies directed by higher authority.
5. Copies that are repeated with respect to the same item by the same teacher from semester to semester.
The Library may request an article which OLLU does not own provided that:
1. Not more than five articles from the journal title are requested during any calendar year, not including articles more than five years old.
2. The request is in conformance with section 107 (fair use) or section 108 (copying rights specific to libraries) of the copyright law.
The Library will maintain records of all requests made and their fulfillment for three (3) calendar years after the year in which the request was made. All articles received should be stamped with the notice of copyright.
Photocopiers and Scanners
The following notice will be posted at each photocopy machine location:
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 copyrighted material.
Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specific 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 alter use, a photocopy or reproduction for purpose in excess of “fair use”, that use 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.
This policy is based on the American Library Association’s “Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use” (1982). Further information on fair use, classroom and library reserve reading, photocopying, videotapes, off-the-air taping, software and obtaining permission, can be found in The Copyright Primer for Librarians and Educators, REF Z 649 .F35 R44 1987, and at the following websites: