Copyright and Intellectual Property Policy and Procedures of the University Library

I. Policy Statement

It is the policy of Drew University to comply with the requirements of federal copyright law, codified as the Copyright Act of 1976 (17 U.S.C. § 101 et seq.), and as amended by the Digital Millennium Copyright Act of 1998 (Pub. L. No. 105-304, 112 Stat. 2860), and the Technology, Education, and Copyright Harmonization Act of 2002 (Pub. L. No. 107-273, 116 Stat. 1910). As a result, all faculty, staff and students of Drew University are required to meet their legal obligations and follow these policy guidelines. Faculty, students and staff are encouraged to learn more about copyright and fair use as it applies to their work and intellectual property.

II. Purpose

A copyright policy brings the University into compliance with the requirements of federal law and provides guidance to members of the University community on their legal obligations.  By implementing a copyright policy Drew is able to invoke protections or “safe harbors” that are available under federal law. These protections help insulate Drew and the members of the Drew community from certain types of copyright infringement liability.

III. Audience

All members of the Drew University community, visiting researchers, and community members.

IV. Guidelines and Procedures

  1. Library Online Resources – Intellectual Property

The university library purchases, subscribes to and/or licenses access to online content on behalf of the University. In most cases, the licensing for this content provides for both local and remote (off campus) access to these resources for Drew University Faculty, Students and Staff.

Access to library electronic resources within the physical library is (unless otherwise noted) available to the general public, including Drew alumni, visitors, and outside researchers.

Remote access to online resources is handled through Drew’s proxying and authentication service. Authentication is through the user’s Network Account. As stated in the Network Use Policy, “The privilege of use is not transferable to another member of the Drew community, to an outside individual, or to an outside organization.”

Instructors should post or email direct URL links to licensed electronic books, videos, journals, and journal articles in lieu of scanning or downloading content. Faculty Lab and Library Reference staff can provide help and instruction in how to do this. (Content obtained via Interlibrary Loan should not be posted on course websites or made part of course reserves without seeking permission from the copyright owner.)

Access to these resources are provided for usual and customary scholarly research, teaching and learning. Excessive use, mass downloading or redistribution of such resources, including commercial use, in violation of the terms of Drew’s content licenses, is grounds for denial of access and/or disciplinary procedures.

  1. Interlibrary Loan Copyright Guidelines

Interlibrary Loan involves both Lending (Lending Drew’s materials [books, book chapters and articles from journals] to other libraries) and Borrowing (Borrowing books, book chapters and articles for Drew’s faculty, staff and students). Libraries follow section 108 of the Copyright Act of 1976. CONTU’s final report issued in 1978 recommended several guidelines regarding when copyright permission should be sought and royalties paid.

Lending:

  • License agreements with publishers dictate lending policies and transmission methods of electronic journals.
  • CCL (compliance with copyright law) or CCG (compliance with copyright guidelines) must be present on all requests received by the lending library.
  • All articles or book chapters sent should include a copyright notice.*

 Borrowing:

  • Copyright notice must be present on all ILL request forms.*
  • Rule of Two: libraries may borrow one article per issue, per patron. For second and subsequent copies, copyright permission must be requested, and possible royalties paid.
  • Suggestion of Five: libraries may borrow up to five articles from the same journal, or chapters or small portions of a non-periodical, in a calendar year, for dates five years or less from today’s date. For subsequent copies, copyright permission must be requested and possible royalties paid. For books chapters, the book should be purchased.
  • For copies of an entire book, the borrowing library must determine that a copy cannot be obtained at a fair price.
  • A compliance statement should be transmitted along with the ILL request to the lending library.
  • Libraries must retain records of all ILL requests for three years.
  • Copies of articles and book chapters obtained via ILL may not be placed on Reserve or posted to Moodle without first obtaining copyright permission.

Reference: Interlibrary Loan Copyright Guidelines and Best Practices, Copyright Clearance Center, 2007. http://www.copyright.com/media/pdfs/ILL-Brochure.pdf

C. Copyright Notice on Borrowing forms and on article and book fulfillment notifications

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted materials. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research”. If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “fair use”, that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.

D. Drew University Library Reserves – Guidelines for Compliance with U.S.  Copyright

The Drew University Library Copyright Policy for Reserves is derived from the fair use guidelines of the U.S. Copyright Act of 1976, subsequent legislation, and court rulings on copyright issues. We cannot place materials on reserve if the nature, scope, or extent of copying is judged to exceed the limits of fair use.

Fair Use:

One of the rights accorded to the owner of copyright (which may or may not be the author or artist) is the right to reproduce or to authorize others to reproduce the work. This right is subject to certain limitations found in sections 107 through 118 of the “Copyright Act” (Title 17, U.S. Code). One of the more important limitations in reproduction is the doctrine of “fair use.” The four factors codified in determining whether or not reproduction falls under the fair use doctrine are the purpose and nature of the use (including whether such use is of commercial nature or is for nonprofit educational purposes), the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and the effect of the use upon the potential market for or value of the copyrighted work.

Library Reserves:

  • Professors MAY, at any time, place items owned by the Drew University Library on reserve. Such materials may be used semester after semester with no restrictions. This includes circulating books and media from the stacks and films from the Media Library collection. Drew Library-owned periodicals (including newspapers), reference books, and microforms may be placed on reserve in some instances.
  • Professors MAY, at any time, place items they own on reserve. Such materials may be used semester after semester with no restrictions. Such materials include purchased books and periodicals, purchased media, and works to which the professor owns the copyright.
  • Professors may NOT place entire works (including media) that are owned by another institution or entity on reserve, including works obtained through Interlibrary Loan.
  • Professors may NOT place illegally-recorded media on reserve.
  • Professors may NOT place course packs on reserve at any time as copyright law restricts the reproduction of course packs to one per student in the course. However, the individual items from course packs may be individually submitted for reserves for one semester; a ‘fair use checklist’ and a ‘certification form’ must accompany each individual item submitted.
  • Professors MAY place scans of chapters, articles, graphs, cartoons, etc., on their course Moodle page, but must ensure that copyright law and fair use guidelines are followed. Professors should consult this form as a tool to help determine if the planned usage falls within fair use: https://walter.drew.edu/library/about/drewfairusechecklist.pdf.
  • Photocopied articles obtained through Interlibrary Loan MAY be placed on reserve ONLY IF copyright permission has been obtained.

The Library is not responsible for copyright violations. It is the responsibility of the person making and submitting reproductions to ensure that copyright law and fair use guidelines are followed. Additional information can be found at Drew’s Copyright Education Initiative and at the Copyright Crash Course website: http://copyright.lib.utexas.edu.

V. Consequences of Violating this Policy

Drew University employees are forbidden from knowingly violating copyright law when scanning, copying, or otherwise utilizing copyrighted documents in a classroom or on-line setting.

Violations of copyright laws can result in civil and criminal prosecution. Claims can be asserted against individuals, who are found to have violated copyright laws, as well as against the University.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages. A court can, in its discretion, also assess costs and attorneys fees. For details, see Title 17, United States Code, Section 504,505.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the Web site of the U.S.Copyright Office at: www.copyright.gov.

VI. Related Information

For further detail, see the Drew Copyright Education Initiative (2012-2017) at

https://uknow.drew.edu/confluence/display/copyright/Copyright+Education+Initiative

VII. Contacts

The following administrator/office can address any questions regarding this Policy:

Office of the University Library Director, Elizabeth Leonard, (973)408-3322, eleonard@drew.edu.

Inquiries about the terms of license for specific resources should be directed to the Circulation Desk, (974) 408-3986;  email: library@drew.edu.