University of Minnesota Duluth Library Copyright Policy
The Kathryn A. Martin Library endorses and adopts the University of Minnesota Duluth Copyright Policy with the following appendage as the Copyright Policy for the Library. Library staff making copyright decisions consistent with established policy will, in making such decisions, be considered to be acting in the best interests of the Regents and will be held harmless against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including attorneys fees, arising from a copyright infringement allegation.
The Library Copyright Team in conjunction with the Campus Copyright Team will monitor the copyright law and recommend updating this policy as changes occur that affect the Library. Specific library services affected by the copyright law include, but are not limited to:
- Bibliographic instruction
- Duplicating equipment
- Electronic Resources
- Interlibrary Loan
- Reserve - Electronic
- Reserve - Traditional
- Web Pages
- The Library’s standard practice is to add original items to the collection, however the Library will add duplications of copyrighted materials following an unsuccessful reasonable effort to obtain a copy in acceptable condition and at a fair price or if permission has been obtained from the copyright owner or if the material is in the public domain.
- If an entire work is damaged, deteriorating, lost, or stolen, and if the Library has after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price, the Library may make one copy for replacement purposes without having to obtain permission from the copyright holder. If the copy is made in digital format, access to the copy will be restricted to users in the physical library. [US Code Title 17 Chapter 1 Sec 108 (c)]
- An archival copy of software purchased or donated to the Library will be made according to the guidelines in US Code Title 17 Copyrights Chapter 1, Sec 117.
- the Library will not purchase or add to the collection duplications of media without proof of license.
- A recording of a speaker/presenter will be added to the collection only when accompanied by a statement of permission from the speaker/presenter or their legal guardian.
- The UMD Archives follows the US Code Title 17 Copyrights Chapter 1, Sec 108 that allows for the duplication of published and unpublished works solely for deposit for research use in another library or archives, for preservation, and for security.
- The copyright law may affect materials chosen for use in bibliographic instruction. The use of copyrighted materials in the classroom is governed by a determination of Fair Use [US Code Title 17 Chapter 1 Sec 107]. Responsibility for making copyright decisions and determining fair use will lie with the librarians and staff using the copyrighted materials.
- Library staff using copyrighted material for bibliographic instruction are encouraged to complete a "Fair Use Worksheet" for each copyrighted item and retain a copy for their records.
- All distributed duplications of copyrighted works will include the notice of copyright as it appears on the original work. If no notice appears on the original, then the copy must include “a legend stating that the work may be protected by copyright”.
- Copies may be acquired for the purpose of replacing missing or damaged pages without obtaining permission or checking for availability. [US Code Title 17 Chapter 1 Sec 108(c)]
- The University of Minnesota Duluth Library provides duplication equipment for the convenience of its patrons. The individual user is responsible for making copyright and fair use decisions for the materials they are duplicating. [US Code Title 17 Chapter 1 Sec 108(f)] The American Library Association’s recommended language for warning notices on UNSUPERVISED photocopiers as well as the electronic address for the Campus Copyright Site will be posted on all duplication equipment in the Library.
- Supervised duplicating equipment will have the required warning notice for SUPERVISED photocopiers as stated in the Code of Federal Regulations TITLE 37 Sec. 201.14
- The University of Minnesota Duluth Library reserves the right to refuse a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.
- The Library will strive to enter into license agreements that do not restrict the fair use of the data contained in the resources or deny remote access by authorized users.
- The UMD Interlibrary Loan Office follows the US Code Title 17 Chapter 1, Sec 108 (a) and the Code of Federal Regulations Title 37 Sec. 201.14
- Borrowing requests from titles within the current 5 years are clearly marked CCG (Conforms to the CONTU Copyright Guidelines) when sent to lending libraries. Requests from titles older than 5 years are clearly marked CCL (Conforms to the Copyright Law) when sent to lending libraries.
- Copyright fees are paid annually to the Copyright Clearance Center.
- Interlibrary Loan fills article requests only when the request is clearly marked as CCG or CCL.
- As equipment necessary to view/use multimedia items becomes obsolete, the Library may transfer multimedia items to an updated format as allowed in US Code Title 17 Copyrights Chapter 1 Sec 108 (c2).
- When the purchase of media includes public performance rights those rights will be noted in the Library catalog.
RESERVE - Electronic
- Duplications made for Electronic Reserve are governed by the US Code Title 17 Chapter 1 Sec. 107 Limitations on exclusive rights: Fair use. Reserve Processing staff, acting in the best interest of the Library, reserves the right to refuse a processing request if, in their judgment, fulfillment of the request would involve violation of the copyright law.
- the Library Reserve Processing staff will, at the request of UMD faculty or staff, place on electronic reserve duplications from copyrighted materials owned by the Library since library materials are acquired with the understanding that there will be multiple uses of a limited number of copies.
- Requests for duplications from materials not owned by the Library will be placed on reserve as “fair use” as determined by the requesting faculty or staff or with proof of copyright clearance from the copyright holder. Faculty and staff will be encouraged to complete a Fair Use Worksheet, which is available on the Campus Copyright Information Site. Use of duplications determined to be in excess of fair use will require a purchase of the original by the Library, permission from the copyright holder or payment of copyright fees.
Reserve Processing staff will assist in obtaining copyright permission and/or arranging for the payment of copyright fees for duplications determined not to be fair use. Copyright clearance will be sought using the Copyright Clearance Center ECCS (Electronic Course Content Service) account. In instances when the cost is prohibitive, a single copy will be placed on traditional reserve with payment through the CCC TRS (Transactional Reporting Service) account.
- Duplications of lecture notes, exams or items in the public domain will be placed on electronic reserve.
- Papers submitted for course work will be placed on electronic reserve when accompanied by a written permission form signed by the student. They will remain on reserve for the time period indicated by the requesting faculty unless an earlier time period is specified on the permission form.
- A copyright statement will be placed on each electronic reserve item to indicate the material may be protected by the copyright law.
- Electronic files will be removed from the reserve system as soon as time permits following the end of the term indicated by the requesting faculty or staff.
RESERVE - Traditional
- A single copy of a duplication from material not owned by the Library will be placed on reserve when the use of the duplication is determined to be in excess of fair use and the cost of paying copyright through the ECCS (Electronic Course Content Service) account is prohibitive. Copyright fees will be paid through the CCC TRS (Transactional Reporting Service) account.
- A recording of a speaker/presenter will be placed on reserve when accompanied by a statement of permission from the speaker/presenter or their legal guardian and will remain on reserve for the time period specified by the requesting faculty unless an earlier time period is specified on the permission form.
- Recordings of an off air transmission can be placed on reserve for ten school days unless accompanied by written permission from the copyright holder to use the recording for an additional time period.
- Recordings from a subscription service such as HBO will not be placed on reserve.
- Rented videos will not be placed on reserve.
- The library will ensure that computer software installed on library equipment will comply with the licensing for that software. Library staff will be responsible for complying with the license for personal software they install on library equipment.
- Library web pages comply with the University of Minnesota World Wide Web Publishing Guidelines, the University of Minnesota policy for Publishing Information on the World Wide Web and the ITTS guidelines Creating, Storing, and Linking Pages to the UMD Web Site.
- Graphics used on the Library site will be originally created for the site, purchased, supplied with software packages the Library owns, or graphics that are in the public domain.
- The web team will make links to web sites that are relevant to the information presented on the Library site and will request permission to link to sites that require permission in the copyright statement.
- Permission will be requested prior to duplicating or modifying a site or page for use on the Library site. Appropriate credit will be given to the original creator.