Library Copyright Policy
Copyright Compliance Policy
The South College Library adheres to all applicable laws and copyright compliance standards put forth in the U.S. Copyright Act (Title 17, U.S. Code), The Digital Millennium Copyright Act (DMCA) of 1998, and the Technology, Education, and Copyright Harmonizing (TEACH) Act of 2002.
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 reproduction of copyrighted library material is used for purposes in excess of what constitutes “fair use”, that user may be liable for copyright infringement. Infringement of another individual’s copyright is a violation of federal law and may include fines and other penalties.
According to Section 107, there are four factors used to determine fair use. Section 107 states:
“In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
· The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
· The nature of the copyrighted work;
· The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
· The effect of the use upon the potential market for or value of the copyrighted work.”
(17 U.S.C. § 107)
Library users should review any requests to the library concerning reproduction of material for copyright compliance. When asking librarians to reproduce content from any copyright protected materials, library users should be able to provide evidence of copyright compliance by permissions, or evidence of a good faith determination of “fair use” compliance. 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.
rev. 11/2011 mam