Briar Cliff University and the Bishop Mueller Library expect employees and patrons to comply with the United States Copyright Law (Title 17, U.S. Code Sect. 101, et seq.) and other copyright laws. The following is a list of guidelines and policies relating to these acts. This document does not legally interpret copyright law, but it does present guidelines that the library will use to keep in compliance with US laws. Measures will be taken to prevent the violation of copyright laws. Library staff will familiarize themselves with copyright law and its fair use provisions. Because copyright laws change and are often hard to interpret, please refer any questions to the library director. The library is permitted to deny requests that it believes would violate the law.

The library does not accept legal responsibility for copyright infringement by persons using the library services. Individuals who willfully disregard University policy and guidelines do so at their own risk and assume all liability.

Library Collections
The purchase of library material except for our best seller collection is for non-profit, educational use. When consulting with vendors, the library will:

• Provide accurate FTE counts for database pricing
• Remit library subscription rates for journals
• Purchase videotapes, CD’s and DVD’s for educational use only. If a videotape is to be used for recreational purposes, appropriate pricing will be paid and a note will be put on the library record.
• Software licenses will be purchased as needed, and records will be kept in the library or computer center. Archival copies of software will be permitted.

Copyright Notice
The library may provide unsupervised reproducing equipment, but copyright warnings will be displayed on or near the equipment. Library staff, including student workers will not reproduce any library material for patrons except for interlibrary loan articles.

In addition, a “warning of copyright” notice will be stamped on all interlibrary loan and reserve articles.

Interlibrary Loan
As requester of interlibrary loan material, Briar Cliff University Library will comply with copyright law, especially 17 U.S.C. 108, and where applicable to the National Commission on New Technological Uses of Copyright Works (CONTU) guidelines. This is not an inclusive list but highlights major responsibilities.

• The library must have a “warning of copyright” notice on order forms and on display.
• The amount copied must be within standard copyright guidelines.
• The copy must become the property of the patron.
• The library must not have prior knowledge that the copy will be used for purposes other than private study, scholarship, or research.
• The library must not be aware or have substantial reason to believe that this work will be copied and distributed to other people.
• Within an academic year, the library will not request the same work more than five times when the work is copyright protected.
• Within one calendar year, Briar Cliff Library may receive no more than five articles published in any periodical title. The library will also request only one article per periodical issue or one chapter per book [Subsection 108(d)]
• The library will retain records of all requests until the end of the third complete calendar year.
• When permission is given, electronic copies can be converted to analog copies and sent to borrowing libraries.

The following will not be available for interlibrary loaning purposes:

• Textbooks
• Audiovisual material (except under rare circumstances)
• Software
• Musical Compact Discs
• Archival Material
• Reference Material
• Entire issues or several articles from the same journal
• Articles we own in the library

Reserve Guidelines
Printed, audio, and visual materials legally obtained by the University or by the requesting individual may be placed on reserve. Exceptions to these include workbooks and other items intended to be consumable.

• All materials placed on print reserve will be at the initiative of faculty for the non-commercial, education usage of students.
• All copies, whether in print or digitized must include a notice of copyright and a full bibliographic citation. Materials submitted for reserve without a full citation may be returned to the faculty member for the addition of the required information.
• The library will not place materials on reserve without permission if the nature, scope, or extent of copying is judged by the library to exceed the reasonable limits of fair use.
• Periodical articles can only remain on reserve for one term unless copyright permission has been obtained or they are in the public domain.
• Users may make one copy for private study, personal reading, research, scholarship, or education.

The following are not allowed on Reserve:
Reference Books
Periodicals
Textbooks
Coursepacks
Rented Videotapes
Interlibrary Loan Books or AV Material

The following policies and guidelines have been based upon existing works from the Oberlin College Library, the Connecticut College Library, and the University of the Sciences in Philadelphia, and have been adapted for Briar Cliff University.

This policy provides only general information concerning the copyright law and does not constitute legal advice.

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