| 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:
-
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;
-
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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