About the Libraries: Policies and Other Library Documents:
Office of the Associate University Librarian for Planning and Organizational Research
Public Services Policy Memo 7

Copyright Guidelines

The Rutgers University Libraries abide by United States Copyright law and regulations and accepted copyright guidelines.

Copying

Copying not specifically allowed by the law, fair use, license agreement, or the permission of the copyright holder is prohibited.

The following notice must be posted on all unsupervised copying machines in the Rutgers University Libraries [Title 17, Sect. 108f]:

NOTICE: The U.S. Copyright Law (Title 17 U.S. Code) governs the making of photocopies or other reproductions of copyrighted material. The person using this equipment is liable for any infringement.

The following notice must be posted on all unsupervised audiovisual and microcomputer workstations in the Rutgers University Libraries.

NOTICE: The U.S. Copyright Law (Title 17, U.S. Code) and University licensing agreements govern the making of reproductions of audiovisual material, microcomputer software, and proprietary databases. The person using this equipment is liable for any infringement.

Copies made by library staff must include an appropriate notice of copyright.

The following notice must be posted in all areas where library staff accept orders for mediated using photocopiers, computers, microfilm and microfiche readers, VCRs, tape recorders, printers, scanners, etc., and must appear on all forms for requesting such services:

NOTICE WARNING CONCERNING COPYRIGHT RESTRICTIONS

The copyright law of the United States (titles 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 specific 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 judgement, fulfillment of the order would involve violation of copyright law.

Reserve

The Rutgers University Libraries policy for reserve collections is derived from the fair use guidelines of the United States Copyright Act of 1976. The law states:

Section 107 of the Copyright Act of 1976 - Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in 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 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; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Materials will be placed on reserve at the request of faculty for the noncommercial, educational use of students.

Photocopied or scanned copies of complete books and entire issues of journals will not be placed on reserve.

Students and library users will not be charged for access to reserve materials. The charge for copies made by students will be limited to the cost of reproduction.

Copies of reserve readings will include a notice of copyright stamped on the first page or on the first screen, indicating materials may be covered by copyright.

Electronic reserve documents will be accessible only by instructor's name, course name, and course number.

Photocopies and electronic documents will be removed from reserve at the end of the term. Scanned copies will be destroyed when they are no longer used for reserve.

The Libraries will not place materials on reserve if the nature, scope, or extent of copying is judged to exceed limits of fair use.

In some cases, placing photocopied or scanned material on reserve may require copyright permission. Use of the same photocopied or scanned material in multiple courses or for successive years will generally require permission. Faculty may wish to consider the following options:

  • The Rutgers University Bookstore will obtain copyright approval and pay royalties for materials in course packs ordered by Rutgers faculty. Contact the bookstore at 732/264-8448 for additional information.
  • The Copyright Clearance Center (CCC) offers an Academic Permission Service (APS) and will secure copyright permissions for faculty course packs or course handouts for a fee. Visit CCC Online at http://www.copyright.com/ for more information.
  • A sample form letter faculty may use to request copyright permission is available online at the Reserve Services Web page and at the circulation desk of any Rutgers library.

Publications and Web Pages

Textual, visual, or audio works used in library publications or Web pages will either be in the public domain or used with the permission of the creator. Permission will be secured in writing and maintained by the publication or Web page author. Permission statements must include not only permission for the use requested but also assurance that the permission giver has the authority to give the rights requested.

More Information

Visit the Rutgers University Libraries' Copyright Information Web page (http://libguides.rutgers.edu/cat.php?cid=25877) for additional copyright information and a guide to resources.

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Last updated June 9, 2003
 
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