Policies

Copyright

Scope:

This policy applies to the University of Missouri Libraries, including the Law Library.

Purpose:
Dedicated to promoting “the progress of science and useful arts” (U.S. Constitution, Article I, Section 8, Clause 8), the MU Libraries uphold intellectual property rights while also promoting fair use and access to information. This policy links to the laws and regulations that form the basis for Library policies, delineates Library responsibilities, and identifies who is responsible for implementing policies.

• Governing laws, regulations, and guidelines.
  • The use, reproduction, distribution, public performance, public display, and transmission of copyrighted works is governed by Title 17 of the U.S. Code.
    • Section 107 on fair use 
    • Section 108 on copying by libraries. 
    • Section 110 on exemption of certain performances and displays
    • House Report No. 94-1476 as excerpted in U.S. Copyright Office Circular 21: Reproduction of Copyrighted Works by Educators and Librarians, p. 10, indicates that Section 108 does not limit fair use.
  • University copyright regulations, including those related to classroom copying, are included in the Collected Rules and Regulations, Chapter 100: Patent and Copyright Law.
  • University acceptable use guidelines, including those pertaining to the use of computer resources, are included in the Collected Rules and Regulations, Chapter 110.005 Acceptable Use Policy.
  • The Division of Information Technology is the University internet service provider and regulates the use of computing resources in compliance with the Digital Millennium Copyright Act.
  • The Libraries may refer to the following guidelines for clarification, with the understanding that these usually represent the minimum allowed.:
    • National Commission on New Technological Uses of Copyrighted Works (CONTU) Guidelines, reproduced in Copyright Office Circular 21: Reproduction of Copyrighted Works by Educators and Librarians, p. 18ff.
    • CONFU Guidelines.
    • Guidelines for Classroom Copying, reproduced in Copyright Office Circular 21: Reproduction of Copyrighted Works by Educators and Librarians, p. 6ff.
    • Fair Use Guidelines for Educational Multimedia.
    • Guidelines for Educational Use of Music, reproduced in Copyright Office Circular 21: Reproduction of Copyrighted Works by Educators and Librarians, p. 7ff.
    • Guidelines for Off-Air Recording of Broadcast Programming for Education Purposes.
  • The Libraries and library reserves are considered to be an extension of the classroom, areas devoted to systematic instruction.
  • The use, reproduction, distribution, public display, and transmission of materials may be more explicitly limited or expanded by contract or license. Note especially licensed online resources and donor agreements.
• Library responsibilities
  • The Libraries are not qualified to give legal advice and may not do so.
  • The Libraries refer users to authoritative information on copyright via guides, literature, instructional sessions, and other resources.
  • The Libraries post notices of copyright restrictions in locations where users may request or create copies and on copies delivered to users, as required by law.
  • The Libraries may refuse a request to produce or provide access to a copy if, in the opinion of the Libraries, this would be a violation of copyright law or license. An explanation will be given and legal alternatives suggested.
  • The Libraries will not remove or obscure copyright notice appearing on any materials.
  • The Libraries will not circumvent any technological protection measure, except as provided in Section 1201 of the Copyright Law and subsequent rulemaking.
  • The Libraries will avoid linking to web resources in a way that obscures ownership of the remote resource (e.g. by “deep linking” to pages lacking ownership or copyright notification.)
• Distribution of responsibility
  • The Libraries articulate copyright competencies for different roles among library personnel and provide appropriate training and support.
  • Library procedures reflect relevant copyright provisions and are reviewed periodically [by the Copyright Team] to ensure currency.
  • Apparent violations of copyright policies and procedures should be reported to the immediate supervisor, division head, or to the Libraries Administration Office.­
  • See University of Missouri Collected Rules and Regulations 490.010 Defense & Protection of Employees for indemnification.

Sponsor: Copyright Team

Revised by Copyright Team, Spring 2020; Approved by Library Management Team, November 17, 2020
Approved by Library Council: May 26, 1983
Revised by Library Council: January 15, 1987
Revision of Section 3.4 approved by Library Council: December 12, 1991
Approved by Library Council: February 12, 1992
Revised by the Ad Hoc Copyright Policy Review Group
Approved by Library Council: December 5, 2002
Approved by Director of Libraries: December 5, 2002