Copying for Private Study, Research, or Scholarship

Note: The following discussion applies both to copies of printed material, pictorials or graphic works used as illustrations, diagrams, etc., and to phonorecords.

Reproduction by Libraries and Archives

Copying is allowed when:

• Use is for private study, research, or scholarship, and
• Copyright notices are included in the copy.

• For non-commercial usage, and
• The library is open to the public for research, and
• Copyright notices are included.

• An assurance is given the use is only for private study, research, or scholarship, and
• Copyright notices are displayed at the copy center/copy machine and on the copy order forms.

Unpublished works can be copied for preservation and security, given certain limitations. Published works which are damaged, deteriorating, stolen, etc., may be copied, if an unused portion reasonably** cannot be obtained at a fair price.
( ** Reasonable effort is defined as a search of common trade sources in the United States, and inquiries to the publisher and copyright holder.)

The entire work may be copied if:

• A printed copy reasonably** cannot be obtained at a fair price, and
• Use is for study, scholarship or research, and
• Copyright notices are used as required on copying machines/copy centers, the order form, and the copy.

• No multiple copying in fact occurs, or
• The copying does not substitute for a subscription or purchase.

Copying for the Reserve Shelf

At the request of a faculty member, a library may photocopy and place on reserve excerpts from copyrighted works in its collection in accordance with guidelines discussed above. These guidelines apply to the library reserve shelf as it functions as an extension of classroom readings or reflects an individual student's right to photocopy for personal scholastic use under the doctrine of fair use. In general, librarians may photocopy materials for reserve room use for the convenience of students both in preparing class assignments and in pursuing informal educational activities which higher education requires, such as advanced independent study and research.

NOTE: The copied work should be limited to only one course for one semester. Also, such copying is not to be repeated under the same circumstances term after term.

If the request calls for only one copy to be placed on reserve, the library may photocopy an entire article, or an entire chapter from a book, or an entire poem. Requests for multiple copies on reserve should meet the following guidelines:

• The amount of material should be reasonable in relation to the total amount of material assigned for one term of a course taking into account the nature of the course, its subject matter and level,
• The number of copies should be reasonable (generally fewer than six) in light of the number of students enrolled, the difficulty and timing of assignments, and the number of other courses which may assign the same material,
• The material should contain a notice of copyright,
• The effect of photocopying the material should not be detrimental to the market for the work. (In general, the library should own at least one copy of the work.)
• The copied material should meet the tests of brevity, spontaneity, and cumulative effect.

In addition, a faculty member may request that multiple copies of photocopied, copyrighted material be placed on the reserve shelf if there is insufficient time to obtain permission from the copyright owner. For example, a professor may place on reserve several photocopies of an entire article from a recent issue of TIME magazine or the NEW YORK TIMES in lieu of distributing a copy to each member of the class. If you are in doubt as to whether a particular instance of photocopying is fair use for reserve reading, you should seek the publisher's permission. Most publishers will be cooperative and will waive any fee for such a use.

See also Policy XV.F.2, "Copying of Copyrighted Material: Reproducing."

See also Policy XV.F.7, "Copying of Copyrighted Material: Obtaining Permission."

Interlibrary Arrangements

In light of US Code 17, Subsection 108 (g) (2), the following guidelines are suggested on interlibrary copying:

• Supplying libraries should not fill requests from any one requesting entity in any one calendar year for more than five article(s) from any one periodical published within five years of the date of request.
• Supplying libraries should not fill requests from any one requesting entity in any one calendar year for more than five copies from any given work or collective work during the copyright period.
• Supplying libraries should treat filling a request as though the requesting entity made the copies itself, if the requesting entity:
  • Has a subscription or has ordered a subscription to a periodical, but the material in question is not readily available, or
  • Has in its collection, or has ordered the copyrighted work, but the material in question is not readily available.

Note: All other provisions/restrictions of Section 108 still apply as explained in this policy.

All requests must state they conform to these guidelines, if the request is to be fulfilled.

The requesting entity must maintain records of all such requests and fulfillments of requests for the current calendar year plus three previous calendar years.

Additional Remarks

Excluded from the constraints of the guidelines are:

• Audiovisual news programs, or,
• Unpublished works, or,
• Published works not available at a fair price, or,
• Prior contractual obligations agreed to by the library and the copyrighter or publisher.

• Libraries making multiple copies of works, except as described above,
• Libraries copying works instead of obtaining subscriptions,
• Libraries copying works instead of purchasing works.

See also Policy XV.F.4, "Copying of Copyrighted Material: Videotaping."

ISSUED BY: University Comptroller 03/16/87