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Copyright Information

The following information reflects Lemieux Librarys adherence to the Seattle University Copyright Policy & Guidelines and applies the fair use provisions of the United States Copyright Act of 1976.   Because copyright versus fair use can be difficult to ascertain, the Lemieux Library also refers to supplemental guidelines from CONTU (National Committee on New Technological Uses of Copyright Works); CONFU (Conference on Fair Use); as well as guidelines and information found in U.S. Copyright Office: Information Circulars and Factsheets: Circular 21:  Reproductions of Copyrighted Works by Educators and Librarians.

Fair Use | Photocopy & Printing | Inter-Library Loan (ILL) | Course Reserves | Electronic Resources


Fair Use Factors

In determining whether the use made of a work in any particular case is a fair use, the factors to be considered shall include:

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

All four factors equal and need to be considered before determining Fair use.


"While fair use is intended to apply to teaching, research, and other such activities, a crucial point is that educational purposes alone does not make a use fair."
(Kenneth D. Crews, Prof. of Law and Library and Information Science Director, Copyright Management Center  For additional information on applying Fair Use, see Measuring Fair Use: The Four Factors from Stanford Unversity 
 

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Photocopy & Printing

Copyright law applies to all forms of photocopying or printing of other copyrighted materials (e.g. electronic journal articles) whether it is undertaken at a commercial copying center, at departmental copying facilities, or at copy machines and from computers such as those in the Lemieux Library.  

The library staff does not photocopy or print materials for our patrons.  The user, not the library, is responsible for determining fair use and is liable for copyright infringement.  The following notice is posted on all copiers and computers:

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 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", that 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.

 

See Lemieux Library's Photocopying & Printing page for additional information.

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Interlibrary Loan (ILL)

Interlibrary Loan (ILL) is a cooperative service in which materials are made available by one library to another for the use of patrons. Requests may be submitted by Seattle University students, faculty, administrators and staff for materials which are not in the collection and which are needed for research, term papers and scholarly reading.  

The Lemieux Library follows CONTU Guidelines on Photocopying under Interlibrary Loan Arrangements.   These guidelines were developed to assist librarians and copyright proprietors in understanding the amount of photocopying for use in interlibrary loan arrangements permitted under the copyright law and provide guidance in the application of Section 108.  

The guidelines state that no more than a total of six copies of an article or articles published in a periodical title (as opposed to any given issue) may be requested within one calendar year by any borrowing library. The exception is any articles or articles made from any issue the publication of which is more than five years prior to the date when the request for copies is made. These same guidelines apply to copyrighted collections (anthologies) or copyrighted works (monographs.)

If in a given year we exceed these guidelines, the Lemieux Library will still try to obtain the article or monograph through other fee-based means such as the Copyright Clearance Center, purchase, or other document delivery service. 

Additional Services & Policies for ILL

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Course Reserves

Many copyright and fair use issues surround what can and cannot be placed on Course Reserves.   Lemieux Library policy for course reserves is shaped by the University Copyright Policy and Guidelines; the four fair use factors; as well as guidelines and information found in U.S. Copyright Office: Information Circulars and Factsheets: Circular 21: Reproductions of Copyrighted Works by Educators and Librarians.

Additional information on Course Reserves, including procedures, policies, and an FAQ to help you determine if an item can be put on Course Reserve under the fair use factors, are available on the Librarys Course Reserve page.

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Electronic Resources

The Lemieux Library licenses a variety of electronic databases and electronic journals for the entire campus.  The negotiated agreements stipulate how and by whom they may be used.  If the license terms are broken by anyone, the licensors have the right to suspend access to the entire university.   In some cases licenses can be permanently revoked. 

While every license is different, there are some overall provisions that are usually acceptable and not acceptable by database providers and publishers:

It is usually acceptable to:

  • Make limited print or electronic copies (i.e. single articles)

  • Use for personal, instructional or research needs

  • Share with other SU faculty, staff, and students

  • Post links to specific content.

It is usually NOT acceptable to:

  • Do systematic or substantial printing, copying or downloading (such as entire journal issues or books)

  • Selling or re-distributing content, or providing it to an employer

  • Sharing with people other than SU faculty, staff, and students

  • Posting actual content or articles to websites or list serves

  • Modifying, altering, or creating derivative works

Some resources allow inclusion for electronic reserves, course packs, and multiple copies for classroom use and interlibrary lending. Others explicitly forbid one or more of these activities. The Library is currently creating documentation to assist you with this question, but at this time please contact Jan Hartley (hartleyj@seattleu.edu) x6206 if you have questions on use of a specific database.

Additional information on use of electronic resources in Angel, can be found on the Lemieux Library Copyright FAQ on the Seattle University Policies Copyright Page.

 

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