Eastern Oregon University

Policies and Procedures Handbook

Access to / Use of Library Resources: Copyright Policy

The copyright law of the United States (Title 17, United States Code) governs the making of all photocopies or other reproductions of copyrighted material at Eastern Oregon University.

Guidelines
Under certain condition specified in the law, the institution is 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.

The law demands consideration of four factors when defining "fair use:"

  1. purpose and character of the use, including whether it is of a commercial nature or for non-profit educational use;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used, compared to the whole; and
  4. the effect of the use on potential sales.

A person is in compliance with the law if:

  1. the reproductions are not used repeatedly;
  2. no more than one copy per student is made for in-class distribution;
  3. a copyright notice is placed on every copy;
  4. no fees are assessed beyond the cost of reproduction;
  5. the portion reproduced is selective and sparing in comparison to the full work; and
  6. no attempt is made to create or replace an existing anthology or other collective work. These provisions are further delineated in the law itself.

If a work is out of print, copies should be obtained from used book or reprint vendors. If unavailable, permission to copy must be obtained before reproducing. For any repeated or regular use, permission must be obtained from the copyright holder. If copyrighted items in reproduced form will be used on a regular basis, permission must be obtained and/or fees paid to the copyright holder.

Eastern Oregon University reserves the right to refuse to accept a copying order if, in its judgement, fulfillment of the order would invoke violation of copyright law.

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