142.1    COPYRIGHT LAW FOR INFORMATION RESOURCES CENTER PROCEDURE

 

142.1.1 PURPOSE

To state the CCC Information Resources Center's responsibilities and its policies, procedures, and guidelines governing the reproduction of copyrighted material, with particular respect to the provisions of the Copyright Revision Act of 1976 and pertinent CCC policies.

 

142.1.2 INTENT OF COPYRIGHT

The U.S. Constitution grants Congress the power “to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries.” The purpose of copyright is to further knowledge for the public good by providing authors with an economic incentive to publish their works. The intended beneficiary of copyright is the public; the author’s gain is incidental except insofar as it functions as an incentive.

 

142.1.3 RESERVES

At the request of a faculty member, photocopies of articles or chapters of books may be placed on reserve. Under the fair use guidelines photocopies of these materials may be made without requiring permission from the copyright owner. Material that has been photocopied by the Information Resources Center for the express purpose of being put on reserve will be the property of the Information Resources Center and will be retained for a specified period of time. If the material has not been requested during that time, it will be destroyed.

 

142.1.4               GOVERNMENT PUBLICATIONS

1.        Publications of the United States Government are documents prepared by an officer or employee of the government as part of that person’s official duties and as such are in the public domain and are not copyrighted. These may be photocopied without restrictions.

 

2.        Some U.S. Government publications that have been copyrighted include a copyright notice. These publications are subject to the Information Resources Center general copyright policy.

 

3.        Publications of other governments and international organizations may or may not be copyrighted. If a copyright notice appears in the document, the Information Resources Center general copyright policy should be followed.

 

142.1.5               PRESERVATION

1.        Information Resources Center and archives are permitted to copy published or unpublished works for the purpose of preservation (17 U.S.C. 108). The Information Resources Center will observe the following conditions before reproducing library materials for preservation purposes:

 

A.            Material comes from collections that are open to the public.

B.            Reproduction is made with no purpose of commercial advantage.

C.            Notice of copyright is included in the reproduction.

D.            For published works not in the public domain, a suitable replacement at a fair price will be sought, and reproduction undertaken only if an acceptable replacement is unavailable.

 

           2.        The Information Resources Center will engage in preservation reproduction in the full range of formats, whether produced in house or at the Information Resources Center’ request through cooperative projects or by commercial vendors.

 

142.1.6               NONBOOK MATERIALS

1.        The Information Resources Center follows the general copyright policy for all non-book items.

 

2.        Video/Film/Sound Recordings

A.          Complete copyrighted works or substantial portions thereof will not be duplicated. If the material is out of print or no longer available at a fair price, duplication is allowed.

 

                     B.             Portions of commercially acquired copyrighted works may be copied for instructional purposes. The amount and substantiality of the portion used in relation to the copyrighted work as a whole must be considered in determining whether the use of the excerpt constitutes fair use. “Excerpt” tapes (video/audio) produced by The Information Resources Center are the property of the Information Resources Center and must be returned after class use.

 

3.      Music Scores

A.            For academic purposes other than public performance, a single copy of a excerpt from a copyrighted, in-print work may be made, provided that the excerpt does not comprise a part of the whole which would constitute a performable unit such as a selection, movement, or aria.

 

B.            A single copy of an entire performable unit (section, movement, aria, etc.) that is (a) confirmed by the copyright owner to be out of print or (b) unavailable except as part of a larger work, may be made by or for a teacher solely for the purpose of scholarly research or classroom instruction.

 

142.1.7 COCONINO COMMUNITY COLLEGE ARCHIVES

1.      CCC holds the copyright on all material within its archival holdings. For purposes of research or reference, archival documents may be photocopied.   

A.            Photocopying may be prohibited or limited should the physical condition of the material render it unfit for reproduction.

 

B.            Clearance to publish archival material must be obtained from the head of the originating academic or administrative unit.

 

142.1.8 LIABILITY OF INFORMATION RESOURCES CENTER EMPLOYEES

1.      Unsupervised reproduction: Liability for copyright infringement may not be imposed on a library or its employees for unsupervised use of reproducing equipment located on its premises, provided that such equipment displays a notice that making copies may be subject to copyright law.  The Information Resources Center is responsible for the display of proper notices.

 

2.      Supervised reproduction:  Information Resources Center will determine that copying requests are not in violation of copyright law.