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Index | Alumni |
Current Students | Faculty
and Staff | Portland Campus | Adult Degree Program
Copyright Policy
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 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. Linfield College is legally obliged to pay attention to the copyright law. 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. Fair Use"Fair Use" and the Library, section 107 of Title 17 of US Code In determining whether the use made of a work in any particular case is a fair use the factors to be considered include:
"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 more information about Fair Use:
The McMinnville and Portland Campus Libraries comply with the American Library Association Reference and Adult Services Division's "International Lending: Principles and Guidelines for Procedure (1978)", and their "National Interlibrary Loan Code, 1980;" with the Oregon Library Association's Interlibrary Loan Code; and with the guidelines prepared by the National Commission on New Technological Uses of Copyrighted Works (CONTU) for the implementation of Sec. 108 [g] [2]. These guidelines, as abstracted by the Oregon University System (OUS), specify that: No more than a total of six copies of an article or articles published in a periodical (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 or copyrighted works (monographs.) If requests exceed 5 articles from one journal title over the most recent 5 year period, then we try to retrieve the article through a variety of methods, for example, the Copyright Clearance Center. We usually obtain what a patron needs; sometimes, we cannot. We work towards success. For more information on our Interlibrary Loan policy, contact Frances Rasmussen or a Reference Librarian. Library ReservesReserves Excerpt from Linfield College: Copyright Handbook for McMinnville and Portland Campus Libraries*The photocopying practices of an instructor should not have a significant detrimental impact on the market for the copyrighted work. (17 U.S.C. Sec. 107 .) To guard against this effect, you should restrict use of an item of photocopied material to one course and you should not repeatedly photocopy excerpts from one periodical or author without the permission of the copyright owner. Library Reserve Uses:At the request of a faculty member, a library may place on reserve excerpts from copyrighted works in its collection in accordance with guidelines similar to those governing formal classroom distribution for face to face teaching discussed above. The Libraries believe that these guidelines apply to the library reserve shelf to the extent that it functions as an extension of classroom readings or reflects an individual student's right to photocopy for her/his personal scholastic use under the doctrine of fair use. In general, faculty and 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. If the request calls for only one copy to be placed on reserve, an entire article, an entire chapter from a book, or an entire poem may be photocopied. Requests for multiple copies on reserve should meet the following guidelines: 1. 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 (17 U.S.C. Sec. 107 [1] and [3]); 2. The number of copies should be reasonable 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 (17 U.S.C. Sec. 107 [1] and [3]); 3. The material should contain a notice of copyright (17 U.S.C. Sec. 401); and 4. 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.) (17 U.S.C. Sec. 107 [4].) For example, a professor may place on reserve as a supplement to the course textbook a reasonable number of copies of articles from academic journals or chapters from trade books. A reasonable number of copies will in most instances be less than six, but factors such as the length or difficulty of the assignment, the number of enrolled students and the length of time allowed for completion of the assignment may permit more in unusual circumstances. The Oregon State System of Higher Education (OSSHE) Library Council suggests that "a reasonable formula for placing photocopies of copyrighted material on reserve permits the making of one photocopy to each ten students enrolled in a class." In addition, a faculty member may also 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 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, you should seek the publisher's permission. Most publishers will be cooperative and will waive any fee for reserve reading use. Copying an Entire Copyrighted Work:A library which wishes to make a single photocopy or sound recording copy of a published, copyrighted work for a user or to replace a copy or phonorecord in its collection which is damaged, deteriorating, lost, or stolen, must first make a reasonable effort to obtain a copy in its original form at a fair price (17 U.S.C. Sec. 108 [c] and [e]). Linfield College Libraries complies with American Library Association Resources and Technical Services Division guidelines in the interpretation of "reasonable effort" and "fair price." Uses of Photocopied Material Requiring Permission:1. Repetitive copying: The classroom or reserve use of photocopied materials in multiple courses or successive years will normally require advance permission from the owner of the copyright (17 U.S.C. Sec. 107 [3]). 2. Copying for profit: Faculty should not charge students more than the actual cost of photocopying the material (17 U.S.C. Sec. 107 [1]). 3. Consumable works: The duplication of works that are consumed in the classroom, such as standardized tests, exercises, and workbooks, normally requires permission from the copyright owner (17 U.S.C. Sec. 107 [4]). 4. Creation of anthologies as basic text material for a course: Creation of a collective work or anthology by photocopying a number of copyrighted articles and excerpts to be purchased and used together as the basic text for a course will in most instances require the permission of the copyright owners. Such photocopying is more likely to be considered as a substitute for purchase of a book and thus less likely to be deemed fair use (17 U.S.C. Sec. 107 ). *Adopted by the Library Committee of the Faculty Assembly Electronic ReservesDigitized materials may be placed on electronic reserve in compliance with the Fair Use provisions of the U.S. Copyright Act of 1976. Licensed electronic materials may be placed on electronic reserve according to the conditions of the license agreements Linfield College has in place (for instance, for electronic journal articles to which the library subscribes). There will be no charge for access to materials on electronic reserve, however charges for printing from library or lab computers will still apply. NOTE: The Library reserves the right to refuse to place on reserve any material which appears to violate the Fair Use principle of Copyright Law. Go to: How to Get Permission Go to: Reserves information for Linfield faculty and link to fill out a Reserve Request Form. Copyright Law and Placing Photocopied
Items on Reserve:
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