Copyright Policy, Library Policies
Course Reserves
The Barry University library policy for reserve reading services,
paper or electronic, is derived from the fair use provisions of
the United States copyright Act of 1976, Conference on Fair Use
(CONFU), the Digital Millennium Copyright Act, and Copyright Term
Extension Act. Section 107 of the Copyright Act expressly permits
the making of multiple copies for classroom use following fair use
guidelines. All library materials are acquired with the understanding
that there will be multiple uses of a limited number of copies.
Libraries frequently pay a premium institutional subscription price
for the privilege of supporting multiple academic users. The sole
purpose of the Barry University Library Reserve System will be to
facilitate the making of multiple copies for classroom use by students.
The following guidelines are meant to aid all parties in conforming
to fair use provisions of the copyright law.
- All use of materials placed on reserve (paper or electronic)
will be at the initiative of faculty solely for the non-commercial,
educational usage of students.
- Copies will be from materials a faculty member or
the library already possesses legally. (i.e., by purchase,
license, fair use, interlibrary loan, etc.) We reserve the
right to refuse to copy or make available duplicated material
in violation of U.S. copyright law.
- A limit of 25 copyrighted items will be placed on
reserve per class, per semester.
- An item will be available in one format only. Either
in print or electronically.
- The library will accept no copying of or from works intended to be "consumable." Ex.
Workbooks, exercises, standardized tests and test booklets, etc.
- Material which will be placed in the Barry University
Library Reserve System, for one semester, without obtaining
copyright permission:
- Exams
- Lecture notes
- Government publications
- One article from a journal issue
- One chapter from a book
- One short story, short essay or short poem
- One chart, graph, diagram, drawing, cartoon or picture
from a book or periodical
- Copyright Permission must be sought when:
- material will be used repeatedly by the same instructor
for the same
course
- multiple articles from one journal are needed
for a particular course
- multiple chapters from one book are needed for
a particular course
- an out of print book is needed
- Materials must be submitted with
full citation information. Citations are needed in obtaining
copyright permission and processing cannot begin until
all information is provided.
- Copyrighted material will be used in reserve without
permission for one semester only (one time, spontaneous
use). Permission from the copyright holder and/or payment
of royalties will be required for subsequent use of material
by that instructor and course.
- Barry University faculty are responsible for securing
copyright permission as needed.
- Reserve will post copyrighted materials while
waiting for permission; however, if permission is denied,
the item will be removed from reserves at once.
- Materials will be searchable only by instructor
or course name/number. This helps ensure the main users
of the material will be students enrolled in the class.
- Materials will be removed from reserve at the
close of the semester of use. Faculty are responsible for
collecting their materials. Circulation staff will not
deliver the materials. Electronic Reserves will be removed
from online access.
- Barry University Library will not charge students
for access to materials on reserve.
- Access to materials on electronic reserve will
be password protected (limited to students in the class
only.)
- Reserve material (print or electronic) will contain
a copyright warning notice consistent with the notice described
in Section 108(f)(1) of the Copyright Act.
- For photocopied material: The cover or introductory
page of photocopied material should be stamped with the
following notice
NOTICE:
This material may be protected by
Copyright Law (Title 17 U.S. Code)
- For electronic material: On an introductory
screen, the Barry University Library’s Electronic Reserve
System should display the following notice:
WARNING CONCERNING COPYRIGHT RESTRICTIONS
The copyright law of the United States
(Title 17, United States Code) governs the making of photocopies
or other reproduction 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 electronic transmission of reserve material is used for
purposes in excess of what constitutes "fair use", that user
may be liable for copyright infringement.
- Barry University Library will continually monitor
legal developments that may affect electronic copying and scanning
of copyright-protected materials for reserve to ensure
that this policy is in compliance with the spirit and the letter
of the United States Copyright Law.
Interlibrary Loan Requests
The copyright law of the United States (Title 17, U.S. 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.
- Barry University Library reserves the right to refuse
to accept an ILL order if, in its judgment, fulfillment
of the order would involve violation of copyright law.
- Barry University Library will request no more than
five articles from any one periodical title per year.
- Copyright permission MUST be obtained after the fifth
request. The Interlibrary Loan Department will obtain copyright
permission.
Photocopies
The copyright law of the United States (Title 17, U.S. 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.
- Barry University Library will post warnings regarding
copyright law on all photocopy machines.
- Individuals using the photocopy machines at Barry
University Library are solely responsible for their own photocopying.
Audio/ Visual Materials
The Copyright Act of 1976 provides protection to "original works
of authorship." Protection is extended to the holders of copyright
for musical works, dramatic works, pantomimes and choreographic
works, pictorial and graphic works, sculptural works, motion
pictures and other audiovisual works, sound recordings, and architectural
works. This protection applies equally to published and unpublished
works. The holders of copyright possess the exclusive right to
authorize reproduction of, distribution of copies public performance
of, public display of, and preparation of derivative works based
on copyrighted works. It is illegal to violate the rights of
copyright holders or to direct others to do so. The penalties
for violation can be severe.
- As a rule, Barry University Library will not make
any copies of any audiovisual material.
- The library will make an audiocassette copy of a class
lecture if the instructor provides written permission.
- Barry University Library will make copies of a material
in the collection when changing a format to reflect current
technology. Only one copy will be made and the source material
will be destroyed.
Electronic Databases
Electronic Databases available through Barry University Library
are licensed by the University for non-commercial use by Barry
University faculty, staff, and students for educational or research
purposes only. The terms and conditions of Barry University agreements
with the vendors and publishers of these electronic resources
regulate the use of these resources. These conditions include
but are not limited to restrictions on copying, republishing,
altering, redistributing and reselling the information contained
therein. For detailed terms and conditions governing the use
of a particular electronic resource, please read the appropriate
agreement governing that resource.
Revised 06/03
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