|VP of Information Technology
Date to be reviewed:
Section 108 of the copyright law provides the conditions under which libraries may reproduce copyrighted works to satisfy the needs of patrons. It specifically addresses instances of allowable photocopying, reserve room use, and interlibrary loan.
Under the copyright guidelines, Wheeling Jesuit University personnel may:
1.1 Single Copying
Make one copy, for scholarly research or preparation for class, of a chapter in a book, an article, a short story or poem, a chart or diagram, a picture or cartoon.
1.2 Multiple Copies For Classroom Use
Brief poetry: a complete poem of less than 250 words or an excerpt from a longer poem not to exceed 250 words prose: an essay or story with a minimum of 500 words but less than 2,500 words, or an excerpt of not more than 1,000 words or 10% of the work (whichever is less). illustrations: one chart, graph, diagram, or drawing per book or journal.
- The total number of copies must not exceed the number of students in the course.
- The decision to copy must be spontaneous (i.e., close to the actual teaching time), and for one course only.
- No more than one item may be copied from one author.
- No more than three items may be copied from the same collection or periodical volume during one semester.
- No more than nine items may be copied for one course during one class term.
1.3 Prohibitions For (1.1) and (1.2) Above
[US copyright law obligates a person to seek the permission of copyright holders before making or using multiple photocopies of copyrighted works published within the last 75 years.]
- Copying may not be used to create anthologies or classroom texts.
- Consumable works (exercises, tests, answer sheets) may not be copied under any circumstances.
- No book or periodical or monograph may be copied in its entirety.
- No copying may be repeated for the same item in a subsequent school term.
1.4 Interlibrary Loan/Document Delivery
- The National Commission on the New Use of copyrighted Works (CONTU), appointed by Congress, has developed the following guidelines to cover interlibrary loan copying affected by Section 108g2 of the Federal Copyright Act of 1976, which covers isolated and unrelated reproduction of a single copy.
- Within any calendar year, a library may not copy more than five articles from any one periodical title released within the past five years.
This rule specifies five copies, whether all five copies are made of one article, or one copy of five different articles, or a combination. Copying from issues of that periodical title that were published more than five years ago are not covered by this restriction.
- For books, the guidelines restrict reproduction to small portions such as a chapter, of which no more than five copies may be made within a calendar year. This limitation applies to all copyrighted works for the duration of time they remain copyrighted; i.e. the life of the author plus 50 years.
The CONTU guidelines specify that the borrowing libraries maintain records of all copying done under the guidelines for three calendar years. The records must be kept by title.
- When the limit of five copies per calendar year is reached, the ILL department will apply to the Copyright Clearance Center for permissions and/or pay the royalties to the CCC for any copies made beyond the CONTU guidelines. If this is a Once-in-a-blue-moon situation, the ILL department may go ahead and make that sixth copy without going through the CCC, but this should happen in only very narrow, rush circumstances.
Every article copied under the CONTU guidelines must contain a notice of copyright permission.
1.5 Library Reserve Services
Reserve Copyright Restrictions
- Photocopies - The Library, when requested by a faculty member, will place on Reserve a single copy of a chapter, an article, a short story, a graph, chart, picture, cartoon, poem, or short essay, provided such copying conforms to the fair use provisions of the Federal Copyright Act of 1976.
Please note that the first time you place such material on Reserve it will not be necessary to obtain copyright permission. Such permission will be necessary, however, if you wish to place the same material on Reserve in future semesters.
- Number of Copies - Our guidelines allow one photocopy for every 15 students in a class to be placed on Reserve. In addition, the faculty member may supply up to four additional photocopies of the materials, provided the copyright provisions are met.
Multiple copies are and remain the property of the faculty member, who is responsible for complying with the Copyright Act. In accepting copies for Reserve purposes, the Library will assume that the copy or copies have been made in accordance with the fair use provisions of the act.
- Materials That Cannot be Placed on Reserve -
Because of copyright restriction, the Library cannot make a copy of a copyrighted workbook, test or test booklet, answer sheet, or course pack, nor can it place on Reserve a photocopy of these materials.
- Items on Reserve for Multiple Semesters -
Photocopies that need to be on Reserve for more than one semester will require copyright permission from the copyright holders, since this is no longer considered spontaneous use of materials under the Copyright Act. Library staff will obtain copyright permission from those publishers who belong to the Copyright Clearance Center and will assist faculty in applying for other permissions, to the extent of providing sample permission letters and publishers' addresses. At the end of each semester the Library sends out a Reserve form letter asking faculty if they want to renew, revise, or remove their items currently on Reserve. This letter also includes usage statistics for each title.
- Videorecorded Copyrighted Works -
At the request of a faculty member, Library staff may place on Reserve videorecordings of copyrighted works for use by individual students as part of class assignments, to be used either in the Library or to be checked out and viewed at home. Any videotape accepted for Reserve must be a commercially produced copy, conform to the established off-air taping guidelines, or be a production of the faculty member. Items that do not meet one of these conditions will be returned to the faculty member.
1.6 Archival and Out-Of-Print Production
- Out-of-Print Works -
The Library may reproduce and/or distribute a copy of an entire work under certain circumstances, if it has been established that a copy cannot be obtained at a fair price. Such a determination will require inquiries to commonly-known trade sources in the United States, and ordinarily also to the publisher or other copyright holder.
The copy must become the property of the user, and the library or archives must have no notice that the copy will be used for any purpose other than private study, scholarship, or research. (Sec.108)
- Replacement of Damaged Copy -
The Library may reproduce a published work solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost or stolen, if it has determined that an unused replacement cannot be obtained at a fair price. (Sec.108)
Responsibility for obtaining and demonstrating copyright holder permission resides with the person or department requesting the material.
The Director of Human Resources, in conjunction with the Vice President of Information Technology Services, has the authority to change, modify or approve exceptions to this policy at any time with or without notice, and in compliance with the Information Technology Services policy manual, with the approval of the Executive Committee through the University President.