Copyright Guidelines for the Texas State Albert B. Alkek Library

Texas State University-San Marcos
Official UPPS No. 01.04.21
Issue No. 3
Effective Date: 4/15/98
Review: May 1 E10Y

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01. POLICY STATEMENTS

01.01

We at Texas State are committed to the efficient and effective fulfillment of the institution's mission. To this end, the executive management of Texas State will be carried out in accordance with the Texas Higher Education Coordinating Board, Regents' Rules of the Texas State University System, and local, state,and federal law as applicable. The following procedure contributes to the implementation of this policy.

01.02

This UPPS is designed to help members of the university community understand and comply with the Copyright Act, Title 17, United States Code, insofar as it relates to copying materials maintained in the Albert B. Alkek Library.

02. LIMITATIONS OF THIS POLICY

02.01

The following UPPS's also provide information related to copyright:

UPPS No. 01.04.20 Copyright Guidelines for Musical Performances on Campus

UPPS No. 01.04.22 Copyright Guidelines for Classroom Use and Research

UPPS No. 01.04.23 Copyright Guidelines for the Use of Motion Pictures and Video and Audio Media on Campus

02.02

This UPPS is a summary only, and is not intended as a detailed guide to the copyright law. Questions regarding the applicability of the copyright law to specific situations should be addressed to the University Attorney.

02.03

All general inquiries about the content of the copyright law should be addressed to the Library Reference Department.

02.04

Texas State is not responsible for copyright infringement by its students or by members of its faculty, staff and administration. Instead, copyright infringements are the responsibility of the individual infringer.

03. PROCEDURES FOR DETERMINING LIBRARY COPYING WHICH IS AUTHORIZED BY THE COPYRIGHT LAW

03.01

Under some circumstances, copyrighted material may be reproduced without the consent of the copyright owner and without infringing upon his/her ownership rights to the work. Such use is known as "fair use," and this concept is recognized in the copyright law. The doctrine of the "fair use" is an attempt to balance the public's interest in facilitating and maximizing the dissemination, communication and use of the works against the copyright proprietors' ownership interest.

03.02

The "fair use" provision of the law is, of necessity, general and is not susceptible to either precise definition or automatic application. Each case must be considered on its own merit. In determining whether the use made of a work in any particular case is a "fair use," the factors to be considered include:

a.

The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;

b.

The nature of the copyright work;

c.

The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

d.

The effect of the use upon the potential market for or value of the copyrighted work.

03.03

In addition to copying that would fall within the "fair use" section of the copyright law, certain types of library copying which may not be fair use are authorized. The types of library copying specifically authorized by the law do not limit the library's fair use right. Limitations and conditions exist with respect to each type of library copying.

a.

General conditions and limitations which apply to all types of copying in the University's Library:

1)

The copy must be made without any purpose of direct or indirect commercial advantage;

2)

The collections of the Library must be open to the public and available not only to researchers affiliated with the university, but also to other persons doing research in a specialized field; and

3)

The copy must include a notice of copyright.

b.

In addition to the general conditions set out above, it is possible that the Library's own contractual obligations with a publisher or distributor might limit copying that otherwise would be authorized by the copyright law. By the same token, the limited types of copying authorized above could be augmented if the Library and publisher agreed at the time of purchase that additional copying could be done. Therefore, university personnel must be especially sensitive to the conditions under which they purchase materials, and before executing an agreement which would limit their rights under the copyright law, should consult with the University Attorney.

c.

In general, the copyright law authorizes under certain circumstances, the making of a single copy of an entire work, and, under other circumstances, the making of a single copy of an article or small excerpt for a Library patron. The Library Reference Department or the University Attorney should be consulted in cases where doubt exists and to the propriety of making the copy.

04. PROCEDURES FOR EXHIBITING DISPLAY WARNINGS

04.01

The following display warning of copyright shall be printed on heavy paper or other durable material in type at least 18 points in size, and shall be displayed prominently within the immediate vicinity of the place where orders for copying are accepted by employees at the university's Library:

          
                               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 the copyrighted material.


          Under certain conditions specified in the law,

          libraries and archives are authorized to furnish a

          photocopy or other reproduction.  One of these

          specified 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 later uses, a

          photocopy or reproduction for purposes in excess of

          "fair use", then the user 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.

04.02

The same warning shall be printed within a box located prominently on the Inter-Library Loan order form itself, either on the front side of the form or immediately adjacent to the space calling for the name or signature of the person signing the form. The notice shall be printed in type size no smaller than that used predominantly throughout the form, and in no case shall the type size be smaller than 8 points. The notice shall be printed in such manner as to be clearly legible, comprehensible and readily apparent to a casual reader of the form.

05. LIABILITY WHEN USING COIN/CARD-OPERATED COPYING MACHINES

05.01

Neither the Library nor Library employees are liable for the unsupervised use of reproducing equipment, including microform copiers, located on the Library premises, provided that the machine displays a notice that the making of a copy may be subject to the copyright law.

05.02

The Library patron making the copy is not excused from liability for copyright infringement, however, if his or her copying exceeds fair use as provided in the copyright law.

05.03

All coin/card-operated copying machines in the University's Albert B. Alkek Library shall contain the following notice: "Notice: The copyright law of the United States (Title 17, U.S. Code) governs the making of copies of any copyright materials. The person using this equipment is liable for any infringement."

06. LIBRARY COPYING WHICH IS NOT AUTHORIZED BY THE COPYRIGHT LAW

06.01

With the exception of audio-visual news programs the copyright law does not authorize a library to make multiple copies.

06.02

"Related or concerted copying" (as defined in Section 108 of the law) is not authorized whether the copies are made on one occasion or over a period of time, and whether intended for aggregate use by one individual or for separate use by individual members of a group.

06.03

"Systematic reproduction or distribution of a single or multiple copies" (as defined in Section 108 of the law) is not authorized. The Library Reference Department or the University Attorney should be consulted in doubtful cases.

06.04

The Director, Learning Resources Center,is responsible for complying with the copyright law in inter-library loans and reproductions.

07. MAJOR RESPONSIBILITIES ASSOCIATED WITH THIS UPPS

07.01

Major responsibilities for routine assignments associated with this UPPS include the following:

Position		Section		 Date

University Attorney	Review		 May 1 E10Y
     			02.02		 Upon request
     			06.03		 Upon request

Director, Learning	Review		 May 1 E10Y
Resources Center	04.01		 Upon request
     			05.03		 Upon request
     			06.04		 Upon request

Library Reference Dept.	02.03		 Upon request
     			06.03		 Upon request

08. CERTIFICATION STATEMENT

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

Mr. Bill Fly, University Attorney; senior reviewer of this UPPS

Dr. William F. Mears, Director, Learning Resources Center; reviewer of this UPPS

Dr. Michael Abbott, Executive Vice President

Dr. Jerome Supple, President