Copyright Information

WARNING CONCERNING COPYRIGHT RESTRICTIONS

The copyright law of the United States (Title 17, U. S. Code) governs the making of photocopies or other reproduction of copyrighted material.

Under certain conditions specified in the United States Copyright law libraries and archives may be authorized to furnish a photocopy or other reproduction. One of these conditions is that the photocopy or reproduction may not be 'used for any purpose other than private study, scholarship, or research', and that only one copy be provided for scholarly purposes, unless copyright fees are paid.

This reproduction may be provided pursuant to permission from the copyright rights holder solely for use by students in a designated class at Ohio University. Further distribution to any person outside the class, whether by copying or by transmission and whether electronically or in paper form, may be an infringement of the copyholder’s rights and is prohibited.

Copyright Fair Use, Brevity, Spontaneity and Cumulative Effect Tests

Fair Use

Copyrighted material to be reproduced under this paragraph shall be deemed reasonable as to amount and substantiality if it does not exceed the following guidelines:

1. a chapter from a book; or
2. an article from a periodical or newspaper; or
3. a short story, short essay or short poem, whether or not from a collective work; or
4. a chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper.

Brevity

The copying meets the tests of brevity described in the following guidelines:

1. With respect to poetry, "brevity" is deemed to mean a complete poem if less than 250 words and if printed on not more thantwo pages or, if from a longer poem, an excerpt of not more than 250 words.
2. With respect to prose, "brevity" is deemed to mean either a complete article, story or essay of 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. These limits are not violated by the completion of an unfinished line of a poem or of an unfinished prose paragraph.
3. With respect to illustrations, "brevity" is deemed to mean one chart, graph, diagram, drawing, cartoon or picture per book
4. With respect to "special" works (i.e., certain works that combine language with illustrations, sometimes intended for children, and that fall short of 2,500 words in their entirety), "brevity" is deemed to mean an excerpt comprising not more than 10% of the words found in the text itself.

Spontaneity

The copying meets the tests of spontaneity as described in the following guidelines:

1. The copying is at the instance and inspiration of the individual who orders or makes the reproductions or phonorecords to be prepared and distributed.
2. The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission from the owner of the copyright.

Cumulative Effect

The copying meets the cumulative effect tests described in the following guidelines:

1. The copied material will be used in only one course offered in the college in which the instructor making the copies holds an academic appointment.
2. Not more than one short poem, article, story, essay or two excerpts may be copied from works by the same author, nor more than three from the same collective work or periodical volume, during the same quarter or semester.
3. Not more than nine instances of such multiple copying shall be made for any one course during the same quarter or semester.
4. The limitations stated in (b) and (c) do not apply to current news periodicals and newspapers and current news sections of other periodicals.

Library Compliance Guidelines

Copying/Duplicating Facilities

Copying, displaying and distributing copyrighted works, may infringe the owner's copyright. Ohio University's policy statement on "Copyright" can help you determine whether your use of a copyrighted work is a fair use or requires permission. Any use of copying/duplicating facilities by library patrons for infringing use of copyrighted works is subject to appropriate disciplinary action as well as those civil remedies and criminal penalties provided by federal law."

Course Reserve Services

In providing Course Reserve services for instructors, the Libraries accept the following:

1. Single or multiple copies of copyrighted material provided by an instructor for use in a single course during a single semester when the copying meets the tests for fair use, brevity, spontaneity, and cumulative effect.
2. Single or multiple copies of material produced and provided by an instructor (e.g., syllabi, sample exams, etc.)
3. Single print copies of material submitted for use available via the library's Electronic Reserve System, may be made available for use when the Electronic Reserve System is not available.

Doument Delivery Services

The University Libraries provides document delivery services to current students, staff and faculty of Ohio University. The primary purpose is to support the teaching, research, and service missions of the University by providing access to material owned in the University Libraries' collections.

Materials may be copied and distributed through internal document delivery when they are:

1. in the public domain; or
2. used with permission from the copyright holder; or
3. used under the provisions of a contract or license agreement, noting that agreements may differ from, and often take precedence over, what is allowed under copyright law; or
4. used under the provisions of Library Copying, U.S. Copyright Act, 17 U.S.C. Section 108 or, to the extent possible for University-related instructional or scholarly purposes, or as determined using a case-by-case four-factor analysis.

The Libraries retains the right to refuse document delivery requests on the basis of law-related or administrative concerns.

Interlibrary Loan Services

In acquiring materials via Interlibrary Loan, the Libraries consider the following guidelines:

Section 108 of the Copyright Act of 1976 lists five basic requirements for making single copies of a printed copyrighted work for a library customer. The requirements apply to a customer making a request at a local library or for requests from another library on behalf of its customer. This right to copy does not apply, in general, to musical, pictorial, graphic sculptural works or motion pictures or other audiovisual works, except audiovisual works dealing with the news.

1. The customer must initiate the request.
2. The copy must be no more than one article or other contribution to a copyrighted collection or periodical issue or a small part of any other work
3. The copy must become the property of the customer.
4. The library must have no notice that the copy will be used for any purpose other than private study, scholarship, or research.
5. For this purpose notice consists of actual knowledge of how a copy will be used, receipt of notice or notification of how a copy will be used, or reason to know how a copy will be used from all the facts and circumstances known at the time in question.
6. The library or archive must display a "warning of copyright" where the orders are accepted and on its order form.

An entire work or a substantial part of a work may be copied if all of the above requirements are met, except the second one, and if the library or archive has first determined, on the basis of a reasonable investigation, that a copy or phonorecord of the copyrighted work cannot be obtained at a fair price.

Section 108 also states that libraries or archives may participate "in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such a work." The National Commission on New Technological Uses of Copyrighted Works (CONTU) developed guidelines which serve a workable interpretation of this section in relation to interlibrary loan photocopying of periodical articles published within five years of the date of the interlibrary loan request.

The basic components of the CONTU guidelines are as follows:

• The guidelines only apply to periodical article issues published within five years of the customer's request.
• Within one calendar year, a requesting library or archives may receive no more than five copies of an article or articles published in any given periodical. This includes all issues of the periodical published in the last five years, as opposed to a single issue of the periodical.
• Interlibrary loan requests for copies or phonorecords of other materials, such as fiction, poetry, contributions to copyrighted collections, or a small part of any other copyrighted work, may not exceed five copies or phonorecords of or from any given work (including a collective work) during the entire period when such material shall be protected by copyright.
• If the library or archives which is requesting the article has subscribed to a periodical or has ordered other copyrighted materials, but they are not available, the duplication will not be considered as interlibrary loan. Rather, requirements for such duplication will fall under provisions for copying from the library's or archives' own collections.
• Requests for copies or phonorecords of materials may not be filled unless the library or archives states that the request conforms to the CONTU guidelines.
• The requesting library or archives must maintain records of all duplication requests it makes and retain the records for three years after the end of the year in which the request was made.

Copyright Act of 1976 - Section 107

Section 107 of the Copyright Act of 1976 is often referred to as the "fair use" clause. This section provides that "fair use" of a copyrighted material is not an infringement of the owner's copyright in some instances.

Section 107 states:

"Notwithstanding the provisions of section 106, the fair use of a copyrighted work, including such use by reproduction in copies of 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:

• the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
• the nature of the copyrighted work;
• the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
• the effect of the use upon the potential market for or value of the copyrighted work.

Copyright compliance codes

The requestor, not the supplier, is responsible for assuring that the request is appropriate under the law. To assure the supplying library that the request conforms to the law, the requesting library may use one of the following "copyright compliance codes".

CCG - Conforms to Copyright Guidelines

This code is used:

• When the requesting library does not own a title and has received less than five articles from the current five years of that title. Counting starts over each year.
• When the requesting library owns the material, has ordered it or has placed a subscription. In this case it is treated like a copy from the requestor's own collection. As long as the copying would have been fair use locally, it is fair use on interlibrary loan.

CCL - Conforms to Copyright Law

This code is used:

• When the material is in the public domain.
• When the requesting library believes that the reproduction and distribution of the copy is a fair use.
• When the requested copy becomes the property of the user and the request is for an entire work or a substantial part of a work, and the requesting library has determined that a copy cannot be obtained at a fair price.
• When the requested copy becomes the property of the user and the requested photocopy is from materials published earlier than five years prior to the date of the request and therefore not covered by the CONTU Guidelines.
• When the requested copy becomes part of the collection of the requesting library and the requesting library has determined, after reasonable investigation, that an unused replacement is unavailable at a fair price.

Instructional Media and MultiMedia Resources

(under development)

Note: The University Libraries gives consideration to the 1998 Digital Millenium Copyright Act" and "Technology, Education, and Copyright Harmonization Act (TEACH Act)" when making media and multimedia resources available for instructional support.

Licensed Resources

(under development)

Note: The University Libraries license online access to thousands of journals and other full-text academic resources protected by copyright. As contractual agreements, these licenses and the conditions for use they describe take precedence over provisions of copyright law. Users of these resources are expected to familiarize themselves with general terms of license agreements and the particular conditions for use at the time they access such materials. And, use is limited to non-commercial, educational, or personal research purposes.

Web Site

This site contains a variety of copyright material. Some of this is the intellectual property of individuals (as named), some is owned Ohio University, some is owned by others (clearly indicated), and yet other material is in the public domain. Except for material which is unambiguously and unarguably in the public domain, no material anywhere on this web site may be copied (except as legally allowed by copyright law for private use and study) or further disseminated without the express and written permission of the legal holder. When legally allowed, copyright textual and graphical copy is not to be altered. The source of the copy is to be clearly acknowledged. Commercial use or sale of the copy is prohibited by law.

Disclaimer: While the University Libraries strive to make the information on this web site as accurate and up-to-date as possible, it is intended for personal and/or educational use only and is provided in good faith without any express or implied warranty. There is no guarantee given as to the accuracy or currency of any individual item on the web site. The Library does not accept responsibility for any loss or damage occasioned by use of the information contained on the web site. nor gathered via this web site. All access and use is at the risk of the user. The Libraries reserve the right to discontinue or vary web site content and/or structure at any time without notice. The Libraries provide hypertext links to a number of other web sites as a service to users. This service does not mean that the Libraries endorse those sites or material on them in any way. The Library is not responsible for the use of a hypertext link for which a commercial charge applies. Individual users are responsible for any charges that their use may incur.