Question: What laws are relevant to copyright and libraries?
Answer: Copyright Act of 1976 (17 USC 101-810) Berne Convention Implementation Act, effective in the U.S. as of March 1, 1989 Digital Millennium Copyright Act of 1998 Sonny Bono Copyright Term Extension Act of 1998 TEACH Act.
Question: What can I place on electronic reserve?
- Items for which you hold the copyright.
- Items which are in the public domain.
- Items which are available electronically in library databases such as EBSCOhost, InfoTrac, or Project MUSE.
- Items which meet Fair Use qualifications regarding the purpose and character of the use, 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 (U.S. Code Title 17, Section 107)
- Items for which the copyright owner has granted permission for use. Because of copyright laws, the library cannot place an entire book or entire short literary works such as a short story or one-act play, on Eres without permission of the copyright holder.
Question: Who has access to materials on ERES?
Answer: Only members of the Lock Haven University of Pa community will have access to the materials on ERES. A campus ID and password will be required. Copyright statements are prominently displayed and must be agreed to before a user can view any documents.
Question: How can I tell if a work is in the public domain?
Answer: Government documents and works published before 1923 will be in the public domain. Works that were published between 1923 and 1977 without notice of copyright or works published between 1923 and 1963 for which the copyright was not renewed will be in the public domain. See this site for details. http://www.unc.edu/~unclng/public-d.thm. When in doubt, contact the publisher.
Question: Who is responsible for securing copyright clearance for an item?
Answer: Faculty members are responsible for ensuring that items comply with copyright law.
Question: How can I receive copyright permission?
Answer: You can request copyright permission through the Copyright Clearance Center at http://www.copyright.com, which usually involves payment of a fee. You may write directly to the publisher.
A sample request letter is provided by the American Association of Publishers at http://www.publishers.org/about/copyrequest.cfm. Instructions and tips are provided at http://www.publishers.org/about/higheredpermission.cfm and at http://www.publishers.org/about/rpactips.cfm. Library staff will provide assistance in locating publisher addresses. Most will be listed in the Books in Print database. A summary of applicable copyright laws and suggestions for ensuring compliance will be available with the Eres request forms.
Question: What can I place on print and media reserve?
Answer: Materials that have been legally acquired, including books, journal articles, videocassettes, and other media formats. Streaming audio and video files are accepted. However, files in the mp3 format will not be placed on reserve without the permission of the copyright owner.
Question: Are there any copyright restrictions on print reserves?
Answer: Yes, copyright law applies to the use of print reserves. Only copies that are legally-owned by the library or by a faculty member may be placed on reserve. No interlibrary loaned items or rented items can be used. Course textbooks that are not the primary text for a course will be placed on reserve. Primary course textbooks must also be available for sale at the student bookstore if they are to be placed on reserve. No more than five copies of a title may be placed on reserve.