Trexler Library Copyright Compliance Policy and Procedures
Copyright Compliance Policy
In addition to complying with the Muhlenberg College Copyright Policy, Trexler Library adheres to a more specific policy with regard to interlibrary loan and reserves.
Purpose of the Policy
The purpose of this policy is
- To provide guidance on copyrighted works and ownership with regard to interlibrary loan and reserves.
- To promote the ethical use of information in compliance with copyright law.
Trexler Library attempts to remain within the following guidelines:
For electronic reserves, the library’s policy is based on, but not limited to, the American Library Association Statement on Fair Use and Electronic Reserves. Specifically:
First factor: The character of the use.
- Libraries implement e-reserves systems in support of nonprofit education.
Second factor: The nature of the work to be used.
- E-reserve systems include text materials, both factual and creative.
- They also serve the interests of faculty and students who study music, film, art, and images.
- Librarians take the character of the materials into consideration in the overall balancing of interests.
Third factor: The amount used.
- Librarians consider the relationship of the amount used to the whole of the copyright owner’s work.
- Because the amount that a faculty member assigns depends on many factors, such as relevance to the teaching objective and the overall amount of material assigned, librarians may also consider whether the amount, even the entire work, is appropriate to support the lesson or make the point.
Fourth factor: The effect of the use on the market for or value of the work.
- Many libraries limit e-reserves access to students within the institution or within a particular class or classes. Many use technology to restrict and/or block access to help ensure that only registered students access the content.
- Libraries generally terminate student access at the end of a relevant term (semester, quarter, or year) or after the student has completed the course.
- Many e-reserves systems include core and supplemental materials. Limiting e-reserves solely to supplemental readings is not necessary since potential harm to the market is considered regardless of the status of the material.
- Libraries may determine that if the first three factors show that a use is clearly fair, the fourth factor does not weigh as heavily.
The library also avails itself of the TEACH Act. Specifically,
In the course management system, a password-protected learning environment, “the performance of a nondramatic literary or musical work or reasonable and limited portions of any other work, or display of a work in an amount comparable to that which is typically displayed in the course of a live classroom session,” is permitted.
With regard to interlibrary loan, the library strives to follow the CONTU Guidelines for Interlibrary Loan Photocopying .
Copyright Compliance Procedures
For more information on copyright, contact the library’s Coordinator of Scholarly Communication, x3602 or firstname.lastname@example.org. For legal advice, contact the college’s legal counsel through the Provost’s Office.