Guidelines on Copyright (Policy No. 12, revised October 31, 2003)

It is the intent of the Auraria Library to adhere to the provisions of the U.S. Copyright Law (Title 17, US Code). All Library administrators, librarians, and staff shall comply with the provisions of the law. Copyrighted material shall be treated as the property of the copyright holder, with all rights and limitations specified in the law.

Fair Use

Section 107 of the law allows educators fair use of copyrighted material, meaning that limited numbers of copies of portions of copyrighted works for classroom, scholarship, or research purposes may be made without infringing on copyright. Auraria Library employees shall adhere to the fair use guidelines established in the regulations for printed materials and off-air video recordings.

Fair use guidelines have not yet (as of 3/1/91) been developed for computer software; therefore, staff shall adhere to restrictions in regulation 3452.3R on duplication of software.

Use of Copyright-protected Material

Section 107 of the Copyright Law States "the fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made in any particular case is a fair use the factors to be considered shall include:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

Library employees shall apply these fair use guidelines when considering the use of copyrighted print or video material for instructional, scholarship, or research purposes.

The guidelines in the subparts of this regulation explain what the Library shall consider fair use for printed materials and off-air video recordings. The guidelines were delineated in congressional committee reports in 1976 and 1981.

On occasion, a special notice is provided with some materials specifically prohibiting reproduction of any kind. However, the fair use guidelines do not apply to these materials. Permission to use any part of such works must be secured in writing from the copyright holder.

Whenever copyrighted works are used in part under fair use guidelines or by permission, or in whole by permission, a notice of who owns the copyright must be included on the copy of the work or in the Library-produced work in which the copyrighted materials appears.

Permitted as Fair Use

1. Single copies at the request of or initiated by a Library employee
   • A chapter of a book
   • A newspaper or magazine article
   • A short story, short essay, or short poem, whether or not from a collective work
   • A chart, graph, diagram, drawing, cartoon, or picture from a book, magazine, or newspaper
2. Multiple copies at the request of a faculty member, consultant, or other person involved in classroom instruction (not to exceed one copy per student)
   • A complete poem if less than 250 words
   • From a longer poem, an excerpt of not more than 250 words
   • A complete article, story, or essay of less than 500 words
   • An excerpt from a longer printed work not to exceed 10 percent of the whole or 1,000 words, whichever is less. One chart, graph, diagram, cartoon, or picture per book or magazine issue.

Duplication of Printed Materials

To help ensure compliance with the law, the following notice shall be posted on all duplicating machines in the Library. The supervisor of the department in which the machine is located is responsible for seeing that the notice is posted on each machine in his/her area.

The Copyright Law of the United States (title 17, US Code governs the making of photocopies or other reproductions of copyrighted materials. The person using this equipment is liable for any infringement.

Duplication of Original Research Materials

It is the researcher’s obligation to satisfy copyright regulations when using original research materials found in archives and manuscript collections. The Archives and Special Collections Department will copy unrestricted portions of collections after a researcher has read and signed a request for Duplication form. The Department will also inform a researcher about known copyrighted material, the owner or owners of the copyrights when known, and the researcher’s obligations with regard to such material.

Prohibited Copying

1. Copying more than one work or two excerpts from a single author during one class term or per workshop or series of training sessions
2. Copying more than three works from a collective work or periodical volume during one class term or per workshop or series of training sessions
3. Copying more than nine instances for distribution to students during one class term or in one workshop or series of training sessions
4. Copying used to create or replace or substitute for anthologies or collective works
5. Copying of consumable works such as workbooks, standardized tests, answer sheets, etc

Note: These prohibitions do not apply to current news magazines or newspapers.

Off-the-air Video Recording

To help ensure compliance with the law, the following notice shall be posted on all video tape recorders in use in the Library. The supervisor of the department in which the machine is located is responsible for seeing that the notice is posted on each machine in his/her area.

Warning: Federal Law provides severe civil and criminal penalties for the unauthorized reproduction, distribution or exhibition of copyrighted motion pictures, videotapes or videodiscs.

The following guidelines have been developed to apply only to off-air recording by non-profit educational institutions:

Permitted as Fair Use

1. A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by a non-profit educational institution for a period not to exceed the first 45 consecutive calendar days after the date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. Broadcast programs are television programs transmitted by television stations for reception by the general public without charge.
2. An off-air recording may be used once by individual teachers, consultants, or other trainers in the course of relevant instructional or training activities, and repeated once only when instructional reinforcement is necessary in classrooms or similar settings, during the first 10 consecutive work days in the 45-calendar day retention period.
3. Off-air recordings may be made only at the request of and used by individual teachers, consultants, or other trainers, and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same teacher, consultant, or other trainer, regardless of the number of times the program may be broadcast.
4. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers and other trainers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.
5. After the first 10 consecutive workdays, off-air recordings may be used up to the end of the 45-calendar day retention period only for evaluation purposes (i.e., to determine whether or not to include the broadcast program as part of ongoing training activities—in which case permission from the producer would be required.)
6. Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content.

Prohibited Use

1. Off-air recording in anticipation of teacher or other staff member requests.
2. Using the recording for instruction after the 10-day use period.
3. Holding the recording for weeks or indefinitely because…..
   · units, workshops, or training sessions requiring the program concepts were not held within the 10-day use period
   · an interruption or technical problem delayed its use
   · another teacher, consultant, or trainer wishes to use it
   · of any assumed “legitimate” educational reason
4. Physically or electronically merging or combining off-air recordings to constitute instructional anthologies or compilations.
5. Using off-air recordings or programs rented or purchased from a video store for entertainment during the work day or evenings. (This constitutes a public showing for which special fees must be paid.)
6. Using Library-owned equipment for making or playing back copies that are not legally acquired.

Use of Proprietary Software Products

It is the intent of the Auraria Library to adhere to the provisions of copyright law (Title 17, US Code) and publisher’s license agreements, including trade secret provisions, in the area of proprietary software products. (proprietary products are those made or marketed by persons having exclusive manufacturing and sales rights, who may or may not be the copyright holders.) Therefore, persons may use or cause to be used on office computing equipment only software that is included in one of the following categories:

• Public domain (i.e., uncopyrighted) software
• Software covered by a licensing agreement with the software author, authors, vendor, or developer, whichever is applicable (a licensing agreement is a legal contract authorizing use)
• Software purchased by the Library, with a record of the purchase on file
• Software purchased by the user, with a record of purchase available for Library verification
• Software donated to the Library and officially accepted as property of the Auraria Library
• Software being reviewed by staff or demonstrated by vendors in order to reach a decision about possible future purchase, license, or acceptance of a donation
• Software written or developed by the Library in general or an employee who gives the Library permission to copy
• Software developed by a non-employee under contract to the Library for use by the Library or to assist in training Library personnel
• In addition, none of the software in the categories listed above may be used or obtained in violation of copyright law or licensing agreements or other limitations set by the Library.

Licensing agreements or other forms of documentation covering software shall be kept on file at the Library Information Services Office. (See below for information on submitting a Request for Contract, the form used to obtain approval for a licensing agreement.)

Use of Purchased Software Products

The guidelines set forth below shall be followed in the handling of all software purchased for use by the Library.

1. On receipt of software and prior to use, check the package and any accompanying documentation or materials. Look carefully for:
   • warnings
   • references to copying restrictions
   • license agreements
   • special seals or wrappings
   • trade secret references
2. If a license agreement or other contractual agreement is part of the software package, carefully read the conditions of the agreement and look closely for any limitations on copying, use on specific computers, or other aspects of use. If the working is difficult to interpret, immediately contact the Coordinator for Auraria Library Systems for assistance.
3. If the terms are not acceptable, consult the Systems Librarian for possible courses of action:
   • the software and documentation may be returned for a refund;
   • the company may be contacted to see if a more acceptable agreement can be negotiated; or
   • the Auraria Library administration may be consulted to determine other options.
   • When a decision is made to negotiate a new agreement, forward the changed agreement and all documentation of the company's approval of the changes to the Systems Coordinator for processing.
4. If the terms of the agreement are acceptable, proceed with installation and use of the software according to the agreement. Complete the agreement form and forward it to the Systems Coordinator. All contracts, license agreements, or other legal agreements with outside organizations must be reviewed and signed by the appropriate administrator of the Auraria Library.

Duplication of Software

No person shall copy or cause to be copied on Library computing equipment any copyrighted or proprietary programs, except for archival purposes as explained below. Proprietary programs are those to which someone, who may or may not be the copyright holder, has exclusive rights, including trade secret protection.

To help insure compliance with the prohibitions on duplication of software, the following notice shall be affixed to each computer in use in the Library. The supervisor of the department in which the machine is located is responsible for seeing that the notice is posted on each machine in his/her area.

Illegal copies of copyrighted programs may not be made or used on computers or computer systems belonging to the Auraria Library.

One archival, or backup, copy of copyrighted software purchased by or donated to the Library may be made, unless an applicable licensing agreement prohibits copying for any purpose. An adaptation of a copyrighted computer program may be made only if it is for archival purposes and is essential to using the program on a particular computer, and does not violate terms of a license agreement. Archival copies shall be destroyed should use of the computer programs cease to be rightful. All site licensing and local area network licensing shall be complied with.

No Library employee shall make copies of copyrighted software documentation without written permission from the copyright owner (permission archival copy may be given to the documentation itself) or as permitted under the doctrine of “fair use”.

Materials Copyrighted by the Library

Materials developed by staff within the scope or as a result of employment by the Library are eligible for copyright. These materials include, but are not limited to, books, directories, periodicals, musical compositions, works of art, photographs, prints and pictorial illustrations, motion pictures, slides, video and audio tapes, computer software, and films.

Publication is defined as “the distribution of copies of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending.”

A notice of copyright shall be affixed to all materials to be copyrighted by the Library, commencing with first publication. The act of publishing a work with the copyright notice affixed secures the copyright protection. (see below for example.)

Copyright 1992 Auraria Library or Copyright 1992 John Jones, Auraria Library

When the finished version of copyrightable materials has been prepared, formal approval to copyright shall be obtained from the appropriate Library administrator.

The Director/Dean of the Auraria Library may appoint an ad hoc committee to review and make recommendations on proposed copyrighting of specific materials by the Library.

All materials copyrighted by the Library shall be original, unless the required clearances and permissions have been obtained in writing from the copyright holders.

Publications prepared by the Auraria Library incorporating works which are not original may still be copyrighted by the Library to protect the original portions therein.

If materials are produced under a university grant, copyrights shall be secured according to the copyright guidelines published by the University of Colorado at Denver. Authors shall consult the appropriate funding agency office regarding procedures to be followed when considering copyright of materials produced under the auspices of direct grants or contracts.

Original material may be registered by the Copyright Office of the Library of Congress at the discretion of the University of Colorado at Denver.

Appendix A

117. Limitations on exclusive rights: Computer programs.

Notwithstanding the provisions of section 106, it is not an infringement of the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:

1. that such copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner or,
2. that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the even that the continued possession of the computer program should cease to be rightful.

Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner.

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