Library Compliance Polices for Photocopying

The Copyright Law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material such as software and photographs. The law explicitly permits libraries and archives to reproduce single copies of works for replacement and preservation and to provide individuals with single copies of works for their private use under certain conditions (Section 107f). Except for a few specific classroom teaching situations, US copyright law obligates a person to seek the permission of copyright holders before making or using multiple photocopies of copyrighted works published within the last 95 years.

In order to protect Rensselaer Polytechnic Institute, its faculty and staff from liability for copyright infringement the Rensselaer Libraries have developed the following policies relating to the handling of copyrighted materials for its Class Reserve and Photocopy Center services:

The Libraries will make single copies of copyrighted works on behalf of individuals for their personal use in accordance with "fair use" guidelines and Section 108 of US Copyright law.

The Libraries reserve the right in their judgment to refuse either to accept a photocopying request that would involve a violation of copyright law or to make available in Class Reserves such materials that might have been duplicated in violation of copyright law.

Responsibility for obtaining and demonstrating that copyright holder permission either is actively being sought or has been received resides with the person or department requesting Photocopy Center or Class Reserve service.

Except for royalty charges associated with the use of single photocopies in Class Reserve, royalty fees must be paid by the individual or department requesting service.

Additional Information About Copyright

Information about using "multimedia" works (motion pictures, video, audio, graphic art, computer programs etc. for instructional purposes is available from the html document, Fair Use Guidelines for Educational Multimedia. Or, select Pennsylvania State University's link for additional information about copyright from various national and international organizations.

Select the following for information about:

Library Class Reserve Policies

Examples of "Unfair" Use

Copyright Law Highlights

Fair Use Guidelines

Getting Permission

Typical Costs

EXAMPLES OF PHOTOCOPYING OUTSIDE OF "FAIR USE"

Typical photocopying requests that are not "fair use" and require obtaining the copyright holder's permission (and usually entailing the payment of royalties) for use are:

An employee requests a single copy of a work on behalf of a company's research office;

A research associate wants to distribute copies of a journal article he or she wrote to persons attending an upcoming national conference, but the copyright notice at the bottom of the page shows the article to be registered in the publisher's name;

An instructor wants to use the same photocopies of readings she used for the same course last year;

An administrator directs a secretary to photocopy and distribute copies of the "Wall Street Journal's News In Brief" section to all departmental staff daily;

An assistant professor requests that three photocopies of a chapter from a book be placed on Class Reserve in the library for his class;

An associate professor wants to have photocopies of selected readings sold at the bookstore because there is no satisfactory textbook available.

How to Obtain "Copyright Permission"

Obtaining permission to make or use photocopies of copyrighted materials generally requires your contacting copyright holders (usually publishers) by letter, telephone or fax; explaining the purpose of your use, and specifying the number of copies needed.

The Library 's Photocopy Center can assist you in finding out about copyright permissions and royalty costs by checking catalogs issued by the Copyright Clearance Center (CCC) of Salem, MA. If publications are not listed in these resources, your requests can be referred to the Copyright Clearance Center for review. There is no charge for this Photocopy Center assistance. The CCC normally replies to inquiries within a week; and when the Copyright Clearance Center cannot provide copy authorizations directly, it generally forwards your request to copyright holders. The Libraries' experience is that the CCC provides permission information for about 70% of the requests it receives.

When you have to contact publishers directly for copyright permissions, the principle directories for locating publishers are Books in Print: Publishers and Ulrich's International Directory of Periodicals. The Folsom Library's Reference Desk staff can also assist you in locating publisher's addresses and telephone numbers in other sources. Allow six (6) weeks for replies to correspondence.

What Are Typical Royalty Costs?