9. Copyright

Compliance

The copyright law regulates the copying of copyrighted works. Interlibrary loan requests for photocopies must comply with the copyright law or the CONTU (U.S. National Commission on New Technological Uses of Copyrighted Works) Guidelines set up to interpret the law. Each request for photocopies must indicate whether the request complies with copyright law (CCL) or with the copyright guidelines (CCG). Requests not including this information may not be filled.

The following notice of copyright must be displayed at all photocopy machines;
wherever interlibrary loan requests are submitted; and on request forms:

NOTICE-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.

• Any work created or published since 1978 is copyrighted for the life of the author plus 50 years after their death, unless the copyright holder places it
  in the public domain.
• Any work published before 1978 may be copyrighted for a first term of 28 years and a renewal term of 28 years.
• Any anonymous, pseudonymous, or work produced for hire (as part of employment) is copyrighted for 75 years from the first publication date, or 100 years from the creation date.
• Any work published more than 75 years ago is in the public domain.

Government publications:

• United States Government publications are in the public domain, unless produced by a private organization as part of a government contract. In these cases they may be copyrighted.
• State and local government publications may be copyrighted.

The National Commission on New Technological Uses of Copyrighted Works Guidelines (CONTU) established guidelines for interpreting the 1976 Copyright Act.
These guidelines limit copying for interlibrary loan in a calendar year as follows:

• no more than 5 articles from all issues of a periodical published within the last 5 years;
• no more than 1 article from a periodical issue or 1 contribution to a copyrighted collection;
• multiple copies of an article or other contribution to a copyrighted collection should not be made.
• no more than 5 contributions to a collective work, regardless of publication date;

These limits do not apply when:

• the request is not filled;
• the library owns or subscribes to the periodical being requested, but the issue needed is not in the library;
• the library owns or has ordered the collective work being requested, but it is not reasonably available.

• maintain a count of each photocopy request for each title of a periodical or other work made by an ILC patron;
• keep this count on an annual basis;
  

Use the designation CCL when requesting a single copy of an
entire work or a substantial portion of a work and:

• it is an unpublished work requested for preservation, security, or research in the library;
• it is a published work and a copy cannot be obtained at a fair price and it is to replace a copy in your library that is damaged, deteriorating, lost or stolen;
• it is out-of-print and a copy cannot be obtained at a fair price and it is to become the property of the person requesting it;
• it is a periodical article published more than five years before the date of your request.
• the material is no longer copyrighted

Use the designation CCG when requesting:

• an article published within the last 5 years;
• Your library owns the journal but the needed issue is missing, at the bindery, or not yet received
• a small part of other copyrighted works;
• the 50 page TexNet limit on photocopying has nothing to do with copyright. What needs to be considered is whether the requested number of pages is a substantial part of the work. If it is, do not fill the request, even if it is 50 pages or less.