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.
This notice is posted in compliance with Title 37 C. F. R., Chapter II, Part 201.14
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),
- find some means of purchasing an original copy of the work (usually impossible or involving long delays),
- attempt to borrow the entire work (usually impossible),
- 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.
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.
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.