COPYRIGHT INFORMATION

This information is for those in the University community seeking both to observe copyright restrictions, seek permissions to use copyrighted works, and to obtain copyright protections for their own work. The head of the UNF Library Access Services Department can provide information (no legal opinions) concerning the copyright processes and procedures as they apply to library print materials, interlibrary loans, course reserves, and distance learning. The UNF Office of the General Counsel is the repository and source for all UNF copyright policies. For opinions, help in defining "fair use", or other interpretations of copyright law, please contact your personal attorney.

Compliance is Important! Compliance and "good faith" are important to protect yourself, the University, your students, and any subsequent use by your students and colleagues. Compliance is a personal responsibility. Infringement choices and actions can implicate codefendants. By treaties and agreements, copyrights are generally honored and enforced internationally.

Copyright or License? To make appropriate compliance decisions, be sure to check whether the work ("intellectual property") is protected by copyright or license. License restrictions generally define and/or pre-empt copyright "fair use". When seeking copyright permissions, be sure to contact the copyright owner (not necessarily the author if s/he has signed away copyright ownership to the publisher, etc.).

"Fair Use" Guidelines v. Permissions. "Fair Use" is a legal copyright concept, but is not clearly defined for practical use and is subject to interpretation within the context of other provisions of the copyright law. As a user, your idea of fair use may not be the same as the copyright owner's, so exercise caution. There are guideline documents which attempt to interpret the "fair use" provisions of the Copyright Law. Since none is universally acceptable to all parties, choose and use such documents with care and respect, keep documentation, and use the provisions consistently. Permission (in writing) is the safest implementation of "fair use", but be sure you contact the copyright owner (often the publisher, not necessarily the author). You can often gain permission without cost or restriction (for educational use) by contacting the copyright owner directly and personally. Otherwise, there are fee-based permission services and agents available. In all instances, make and keep written documentation.

RESOURCES

Fair Use & Copyright Guidelines

• Copyright and Fair Use (Stanford University)
• Copyright Guidelines (Catholic University of America)
• Guidelines For Classroom Copying of Books and Periodicals (CONTU)
• Guidelines For Educational Uses of Music (CONTU)
• Public Domain Timeline - Lolly Gasaway

How to get Permissions

• Copyright Clearance Center (permissions agent) (UNF Library uses CCC as its permissions agent).
• Getting Permission (University of Texas)
• Copyright Information from Association of American Publishers

Other Copyright Resources

• United States Copyright Office
• U.S. Copyright Office Forms
• Copyright Basics (Library of Congress)
• Copyright Tutorial (by Georgia Harper, University of Texas)

UNF Library and Copyright

For its own collections, the UNF Library purchases lawful original, copy, or reprint materials, or uses paid permissions. Copyright and licenses governing these materials are always honored. Specific copyright provisions for libraries are in section 108 of the Copyright Law. When acting as the extension of faculty, requesters, and other users, the following compliances apply:

• Print course reserve collections
       -- CONTU Guidelines: Guidelines For Classroom Copying of Books and Periodicals, and Guidelines For Educational Uses of Music
       -- Faculty requester must supply permissions for materials on reserve.
       -- UNF library will broker CCC permissions to be paid by UNF departments
  
• Electronic course reserves
       -- Permissions (documented) required for all resources
       -- Library will pay permission for 1st term; requester/department must pay for subsequent terms
       -- The Library suggests linking to (already licensed) electronic resources collections
  
• Interlibrary Loans
       -- CONTU Guidelines on Photocopying under Interlibrary Loan Arrangements
       -- Prescribed Copyright warning on paper and electronic forms:

• Copy machines
       -- Notice of Copyright on each unsupervised equipment which can be used to make copies or reproductions, including photocopiers, microformat machines, computers, audio/video duplication equipment.
  "The US Copyright Law, Title 17, US Code, governs the making of photocopies or other reproductions of copyrighted material. The person using this equipment is liable for any infringement."

Note: The CONTU (National Commission on New Technological Uses of Copyright Works) guideline definitions appear to be migrating to the newer, more comprehensive CONFU (The Conference on Fair Use) definitions.