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Reading this, you may be in the Library, your residence hall, or connecting remotely from
home or from one of our study abroad programs. Wherever and whenever, many of the Library's
resources are available to you online 24/7 - the catalog, databases, electronic references
books, full text journals. Collection requests, appointments for class instruction sessions,
heavy-duty reference questions can come to us virtually or in-person, but they are best handled
during the hours that staff is available.
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Notice Concerning Copyright Restrictions
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.
Copyright Law and Library Photocopying
The full text of the copyright law can be found in the United States Code in the section
entitled Title 17 - Copyrights.
Copyright owners are assigned exclusive rights to their works, including the right to
reproduce those works. The law defines several limits on exclusive rights that allow
others to make copies of copyrighted works. Those engaged in teaching and research are
granted certain reproduction rights in § 107. Limitations on exclusive
rights: Fair use.
Libraries are authorized to photocopy materials from their own collections
for their clientele under the provisions of § 108. Limitations on exclusive
rights: Reproduction by libraries and archives. Under the provisions of
section 108(d), University Libraries at Clark University may photocopy a single
article from a periodical or a chapter of a book and give the copy to a Clark
University student, faculty, or staff member who studies or works on the Extended
Campus.
When obtaining photocopies of copyrighted works from other libraries through interlibrary loan,
libraries must comply with the conditions defined in subsection g(2) of § 108. Limitations on exclusive
rights: Reproduction by libraries and archives. The basic requirement is that University Libraries at
Clark University must not receive
copies in "such aggregate quantities as to substitute for a subscription to or
purchase of such work." Just how much copying would violate this provision is
not defined in the law.
Journal Photocopies through Interlibrary Loan
The copyright law does not provide a quantitative definition of how many photocopies
from a journal can be received by a library for interlibrary loan purposes. The National
Commission on New Technological Uses of Copyrighted Works in 1978 issued guidelines to
help libraries comply with the copyright law. Clark University's Interlibrary Loan Department
complies with the CONTU Guidelines
on Photocopying Under Interlibrary Loan Arrangements when obtaining your
requested photocopy from another library.
- For a given periodical title, within a given calendar year, we are allowed under the
guidelines to obtain an institutional total of five (5) photocopies of articles published
within the five years preceding the date of your request. For the sixth article and above
we have several alternatives for filling your request. We can either
- pay a royalty to the owner of the copyright for each photocopy obtained (the quickest
method when it is possible),
or
- find some means of purchasing an original copy of the work (usually impossible or
involving long delays),
or
- attempt to borrow the entire work (usually impossible),
or
- decline to fill your request for a copy of the article (sometimes necessary).
The Digital Millennium Copyright
Act
The 1998 enactment of the Digital Millennium Copyright Act (DMCA)
represents the most comprehensive reform of United States copyright law in a
generation. The DMCA seeks to update U.S. copyright law for the digital age
in preparation for ratification of the World Intellectual Property Organization
(WIPO) treaties.
Key among the topics included in the DMCA are provisions concerning the
circumvention of copyright protection systems, fair use in a digital
environment, and online service provider (OSP) liability (including details on safe
harbors, damages, and "notice and takedown" practices). Resources on these and
other topics are included below:
U.S. Copyright Office
Summary of the Digital Millennium Copyright Act of 1998
This December 1998 memorandum by the U.S. Copyright Office provides an overview of the law's
provisions. The memorandum briefly summarizes each of the five titles of the DMCA.
EDUCAUSE Statement on Copyright Office Interim Regulations for 'Service Providers'
EDUCAUSE has issued a letter for members briefly explaining the Interim Regulations for
the new Digital Millennium Copyright Act and recommending a course of action to ensure that
universities who are also "service providers" can take full advantage of the protections
offered by the new law. The recently enacted Act includes infringement liability exemptions
for online service providers. The Copyright Office on November 3 issued the Interim
Regulations--effective immediately--that require such service providers to take certain
steps before they can avail themselves of the OSP liability exemptions contained in the new
Act.
Highlights of New Copyright
Provision Establishing Limitation of Liability for Online Service Providers
D.C. law firm Lutzker & Lutzker and the Association of Research
Libraries have produced this memorandum that explains in detail the
new DMCA provisions pertaining to OSP liability, including "notice-and-takedown" requirements,
"notice and put-back," and certain safe harbors contained in Title II of the Digital
Millennium Copyright Act.
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Royalty Payments
The only practical method of quickly obtaining a copy of a journal article is to obtain
a photocopy from another library and pay a royalty to the copyright owner, which is
usually the publisher of the journal. We usually make such payments through the Copyright Clearance Center. For those journals not
registered with the Copyright Clearance Center, we try to obtain a photocopy through a
commercial document supplier. Such suppliers have their own arrangements for paying
royalties to copyright owners. The royalty payment is paid by University Libraries, as are
most other costs associated with obtaining items for you through interlibrary loan.
If you would like to know more about copyright
law and its interpretation, you may want to read information available through the U. S. Copyright Office or the Copyright
Clearance Center's Copyright
Resources Page.
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Additional Resources
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Goddard Library Regular Hours
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