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Library Copyright Policy
| The Copyright Permission
Center of the Rebecca Crown Library manages the obtaining
of permissions, record keeping and royalty fee payments
for the educational use of copyrighted materials
placed on electronic reserve or in the Blackboard
course management system at Dominican University.
This is a new library service, and consequently,
will be subject to modification.
Click here to access the Copyright
Permission Form.
|
Electronic Reserves
| Copyright policy
regarding electronic reserves
is based on the provisions of fair use of the United
States Copyright Act of 1976. Section 107 of this
Act permits the making of multiple copies of copyrighted
works for classroom use. It identifies four factors
for determining fair use: |
1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit purposes; |
2. The nature of the copyrighted work; fair use generally applies to non-fiction; |
3. The amount and substantiality of the portion used in relation to the copyrighted
work as a whole; and
|
4. The effect of the use upon the potential market for or value of the copyrighted work. |
| Materials that are not subject to copyright protection and may be used freely are: |
|
- Works in the public domain, i.e. not covered
by copyright because of date or because the author
did not choose to copyright the work
|
- Works that lack originality e.g. phone book
|
- Ideas, processes, methods, and systems described in copyrighted works
|
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- Materials that are created by the faculty (such as lecture notes, exams, and syllabi)
|
| Some copyrighted materials
that can be posted electronically or copied as student
readings without getting permission from the copyright
owner fall under the "fair use"
provision of the Act. Fair use provides that certain
limited use of copyrighted materials for such purposes
as teaching, criticism, reporting, scholarship and
research is not an infringement of copyright. |
| Materials that do not require copyright permission are: |
- A journal article that appears full-text in a Dominican University subscribed on-line database
|
- A single journal article used for one
semester
|
- A single book chapter used for one
semester
|
- Works of art used for one semester
|
- Brief selections from a journal article or book chapter
|
| The following are examples
of materials that fail to meet the criteria
of "fair use", and therefore require obtaining copyright
permission: |
- A journal article, or book chapter that has been previously placed on electronic reserve or Blackboard
|
- Multiple chapters from a single book or multiple articles from a single issue of a journal
|
- Documents that are consumable in the course of study or teaching ( e.g workbooks, exercises)
|
- Fictional and other creative works (e.g. a poem, a play)
|
- Articles or parts of books that are copied and sold as course packets
|
Procedures for requesting copyright permission:
1. Faculty should carefully review the copyrighted
material to be used and determine whether they
need to obtain permission from the copyright owner
or if the document is covered by the principles
of fair use. For example, if the journal article
has been posted on Blackboard or electronic reserve
for your class during a semester and you want to
use the same article again the following semester,
a copyright permission must be sought from the
copyright owner. Permission must be sought for
each subsequent use. |
2. Faculty are responsible for providing a complete
bibliographic citation (including title, author,
copyright or publication date, volume, issue and
edition of the publication, chapter or article
title, and the exact page numbers of the material
to be used), and the approximate number of students
in the class. Please use the attached form for
submitting copyright permission requests. |
3. For Blackboard requests, faculty should submit
a copyright permission form to the library copyright
permission center. For electronic reserves, faculty
should submit a copy of the reserve form, a photocopy
of the article (unless it is already in electronic
format), and a copyright permission form to the
reserve librarian. |
4. In order to have adequate time to process the
electronic reserve, materials that are not protected
by fair use must be submitted four weeks in advance
so that library staff will have enough time to
request permission from the copyright owner. Materials
will be placed on electronic reserve upon receipt
of the faculty request to obtain permission. Permission
will be requested immediately. |
5. Library staff will obtain permission from the
copyright owner. If permission is refused, the
article will be removed from the electronic reserve
and faculty will be notified. For Blackboard permission
requests, faculty will be notified of any refusal.
|
6. For electronic reserves, every class will have
its own password to access class material. It is
the responsibility of the faculty to provide password
to the reserve librarian and to their students.
The articles on electronic reserve are only available
to students in that class. Librarians will not
have access to the password or the material and
will be unable to assist students who have forgotten
the password. |
7. Library staff will disable electronic reserve
documents in the system at the end of each semester.
As necessary, copyright permission will be required
to replace electronic reserve documents in the
system. |
8. Documentation of copyright permission will be
maintained by the library copyright permission
center. |
Questions to;
Inez Ringland
708 524 6873
ringland@dom.edu
Last update:
Wednesday, October 18, 2006
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