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Copyright & Access Services
Transcript of Copyright & Access Services
Reproduction of a copyrighted work is granted for purposes such as: criticism, comment, news reporting, teaching, scholarship, and research.
Four Factors for Fair Use:
1. The purpose and character of the use
2. The nature of the copyrighted work
3. The amount used in relation to the
copyrighted work as a whole
4. The effect of the use upon the potential value of, the copyrighted work
Libraries & Limitations on Exclusive Rights
First Sale Doctrine
Special Exclusions for Preservation
COPYRIGHT & ACCESS SERVICES
Once an owner lawfully acquires a copy of a work
they are permitted to sell, lease, rent, give away, or dispose
First sale exemption covers MATERIALS but not CONTENT
and so does not apply to Digital items.
Consider Fair Use in context
Remember that contracts and Licenses always supersede law
Request and purchase permissions when in doubt
1. No more than 10% of a monograph should be digitized for e-reserve without CCC or publisher clearance. (Consult WorldCat to determine %).
2. No more than 2 articles from a single journal issue should be digitized for e-reserves.
3. Multiple chapters (excluding anthologized works) require clearance.
4. Materials with restrictive licenses require clearance even without 'fair use' guidelines.
5. Search for licensed electronic copies / alternate delivery should always be conducted before requesting permissions through CCC or publisher.
6. Electronic equivalents are always preferred over print.
7. Any clearance fee over $200 should prompt search for alternate delivery method.
Baruch Newman Policies
Why Copyright Matters?
On the one hand we want to ensure student and faculty have access to resources without incurring large costs...on the other hand we want to ensure that the university is not liable for copyright infringement. Electronic Reserve Services involve a process of digital duplication. Keeping e-reserves in the library where staff are trained in basics of copyright reduces opportunities for faculty and students to use resources unlawfully.
Alternate Resource Delivery
Search: WorldCat / CUNY + for items needing permissions before purchasing digital rights
E-Books and in some cases, Hard Copy materials will be substituted for digitized items that are too costly to acquire licensing.
When searching pay attention to:
Editions / publication dates
Docutek: Course Reserve / Content Delivery Platform
"Documents"on Docutek include: journal articles, newspaper articles, book excerpts, problems and solutions, syllabi, and streaming media
Other information available on Docutek: links to catalog records / citations for all reserve textbooks; permalinks to readings on the web / in our database holdings
Docutek materials are organized hierarchically: an account is created for each user; a page is created for each course; a 'document' is created for each resource.
Faculty submit reserve requests: at the desk; online via our submission form; via email
Processing Guidelines; forms; internal documentation; standard correspondence can be found:
Aggregate and store course materials in a secure digital repository.
Provide high quality digitization services.
Ensure copyright compliance and purchase usage rights on behalf of teaching faculty.
Provide copyright guidance to faculty following CUNY Copyright Advisory Office recommendations.
Purchase books and other materials to be made available to students on behalf of teaching faculty.
Maintain a current collection of resources that reflect course offerings for a given semester.
Collaborate with BCTC to ensure students have persistent access to resources / facilitate integration of reserve platform with Blackboard (LMS).
Collaborate with Collections Management / Reference department to acquire resources and respond to faculty requests.
Reserve Staff Responsibilities
Process items to be placed on reserve within 72 hrs of request in accordance with process guidelines.
Purchase material / transfer materials from circulating collections to ensure that patron demand is met.
Provide outreach to promote reserve services / enforce university wide copyright compliance.
Regularly weed hard copy collection and replace damaged materials / old editions.
Send out regular semester reminders to faculty regarding materials on reserve.
Request and purchase permissions (each semester) for items not covered by standard copyright fair use exemption.
Track all processing activities and maintain a current record of all active course reserve pages.
Proofread copyright pages to ensure copyright compliance, Quality Control standards are met, and documents are adequately cited.