Copyright

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Introduction

These guidelines serve as a resource and to provide faculty and staff at the University of Central Florida (UCF) with a basic understanding of certain principles of copyright law and the university’s guidelines with respect to fair use as they apply to the appropriate use of the Libraries’ services and materials.

The policies stated here apply to all UCF Libraries, including UCF branch and regional campus libraries. This document is intended to provide information only and should not be considered to be legal advice.  If UCF faculty and/or staff members encounter legal questions within the course of their employment, including those pertaining to copyright law and/or the university’s guidelines with respect to fair use, they should contact the UCF Office of the General Counsel. UCF Students should contact Office of Scholarly Communication at the John C. Hitt Library.

Those interested in copyright issues pertaining to author rights, creative commons licenses, and sharing works, please see our Scholarly Communication Copyright page.

Information technology, electronic communication, and the ease with which text, graphics, music and other media may be captured and reused contribute substantially to the confusion dealing with copyright issues.  Links to detailed information and guidelines appear at the end of this document to help clarify common misconceptions dealing with the U.S. Copyright Act, the concept of fair use, and when to seek copyright permission.

Copying By Patrons

All patrons utilizing the UCF Libraries facilities to make copies or to scan or download materials are required to comply with current U.S. copyright laws, the UCF Use of Copyrighted Material Policy, Guidelines for Classroom Copying, and the Use of Information Technology and Resources Policy.

Course Reserves

The Circulation Department at the John C. Hitt Library and the circulation departments at the UCF branch libraries provide course reserve services to support the teaching activities of the university. All reserve materials must comply with copyright laws. Any item for which a UCF faculty or staff member has obtained written permission from the copyright holder, materials that fall within fair use as defined within the UCF Use of Copyrighted Material Policy, and any work in the public domain may be placed on reserve (see Placing Materials on Reserve). Current fair use guidelines do not cover the use of material beyond one semester. All reserve materials are taken off reserve at the end of each semester.

Faculty or staff members placing materials on reserve are responsible for verifying that those items are copyright compliant. When required, written permission must be obtained. UCF Libraries’ staff may require proof that materials placed on reserve do not violate copyright guidelines.

To date, there is no university-wide infrastructure for the university to process and/or pay for copyright permissions. Individual faculty members may check with their departments, or obtain permissions on an individual basis.

Interlibrary Loan

The UCF Libraries Interlibrary Loan and Document Delivery Services Department (ILL/DDS) follows the provisions for fair use of materials by libraries known as the CONTU (Commission on New Technological Uses) guidelines.

All UCF Libraries (John C. Hitt and branch campuses) are only allowed to request 5 articles (which is the cumulative total for John C. Hitt and branch campus libraries combined) during one calendar year from any one periodical for which the Libraries does not hold a current subscription. From the sixth request forward, if the UCF Libraries is asked to get an article for a patron from that same journal, a royalty fee will be paid to the copyright owner for each photocopy obtained. The Interlibrary Loan and Document Delivery Services Department may decline to fill the request if the copyright fee is excessive or if copy permission cannot be obtained.

The Interlibrary Loan Department at the John C. Hitt Library will pay up to $25 per article. If the cost exceeds this amount, the requestor will be responsible for paying the remainder to obtain the article, after agreeing to the transaction.

Special Collections & University Archives

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives may provide a photocopy or other form of reproduction. One of these specified conditions is that a photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research” (17 U.S. Code § 108). If a user makes a request for, or later uses, a photocopy or reproduction for purposes contrary to or in excess of the aforementioned limited purposes, that user may be liable for copyright infringement. All UCF Libraries reserve the right to refuse a copying order if, in their judgement, fulfillment of the order would involve violation of copyright laws.

Reproductions of UCF Libraries Special Collections & University Archives materials may be provided under certain conditions and in accordance with applicable law and the UCF Use of Copyrighted Material policy. By providing reproductions, the UCF Libraries Special Collections & University Archives does NOT grant permission to publish or exhibit. Reproductions are provided for educational, scholarly, and informational purposes only.  Written permission to publish must be obtained from copyright and/or literary rights owners and a Special Collections & University Archives’ Permission to Use Request Form must be completed for any publication or commercial use of reproductions. Fees may be charged for reproductions and use. See the Special Collections & University Archives’ Pricing Schedule for information about fees. For more information, contact Special Collections & University Archives.

Also see the UCF Libraries Copyright Policies page.

Questions & Contacts

For additional resources pertaining to fair use, please visit the UCF General Counsel’s website, but, in reading these materials or the legal resources posted on the UCF General Counsel’s website, please keep in mind that they do not constitute, and should not be considered a substitute for, specific legal advice. The resolution of legal issues frequently hinges on slight changes in the facts and circumstances, and your particular situation may well be different from those described in these materials. If UCF faculty and/or staff members encounter legal questions within the course of their employment, including those pertaining to copyright law and/or the university’s guidelines with respect to fair use, they should contact the UCF Office of the General Counsel. UCF students should contact Office of Scholarly Communication at the John C. Hitt Library.

Additional Resources and Guidelines

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