ADMINISTRATIVE RULE NO: C325

RELATED TO POLICY SERIES NO: 6060

TITLE: COPYING RELATED TO LIBRARY SERVICES

It is the intent of Linn-Benton Community College to adhere to the provisions of copyright laws related to library services. The guidelines outlined here are guidelines only and should be used in conjunction with the Copyright Law of the United States of America, specifically Section 107: Fair Use, in determining what is and is not permitted.

Safeguards written in the law protect not only educators but librarians and instructional/media specialist as they carry out their duties of educating people and guarantee their rights of access to information for purposes of teaching and learning. The guidelines for fair use for classroom instructors and for educational uses of music apply to college librarians and media specialist in their work with members of the instructional staff.

Each director or dean is responsible for establishing practices which will enforce the copyright policy in their area. Each person will be held individually responsible for following the established copyright policy and administrative rules.

At Linn-Benton Community College, the Library has additional permissive uses of copyrighted materials. These provisions are contained in Section 108 of the Copyright Law and eligibility for these provisions is determined by the following:

1. The LBCC Library collection is open to the public.

2. The copying is not done for commercial advantage.

3. Copies include a notice of copyright.

In an effort to prevent copyright infringement:

1. Copyright warning notices will be placed on all library equipment capable of duplicating materials. In no case will any District employee or student use District equipment for duplication which would prevent or circumvent sale of copyrighted materials.

2. The media specialist will be responsible for obtaining and maintaining license agreements and permissions of copyrighted media held in the Library.

3. Every effort will be made to place a notice of copyright on all copies located in the Library.

4. The Library will maintain records of all interlibrary loan requests for copies of materials for three (3) years. All interlibrary loan items photocopied will be stamped with the notice of copyright before being shipped out.

PERMITTED:

A. The making of a single copy of entire work is permissible when:

1. the copy is an archival reproduction of an unpublished work;

2. the copy is a replacement of a damaged or stolen copy which cannot be obtained at a fair price;

3. the copy is of an out-of-print work not obtainable at a fair price.

B. The making of a single copy of a single article or small excerpt is permissible when:

1. the work is part of the Library's own collection and the copy is for educational purposes;

2. the copy is for interlibrary loan.

C. The making of copies by library patrons using coin-operated copying machines is permissible under the fair use doctrine.

1. Library staff are not liable for unsupervised use of equipment.

2. Library patrons are not excused from liability for infringement of fair use.

D. The importation of copies by libraries is permissible when:

1. a single copy of AV work is for archival purposes only;

2. up to five copies of any other work are for lending or archival purposes unless it is part of prohibited activity mentioned below.

PROHIBITED:

A. Multiple copies of any work for the purpose of systematic reproduction or distribution to other libraries or groups of users may not be made.

DATE OF APPROVAL: 4/6/93