consolidated June 1, 2011
At the College of Saint Benedict and Saint John's University, "we support and actively encourage freedom and enthusiasm for exploring the truths of faith, for intellectual and scientific inquiry of all types and for active dialogue about the interactions among these" ("Catholic Identity"). Fundamental to that free and enthusiastic exploration is robust access to and responsible use of information. Compliance with Copyright Law is integral to our information services. Copyright helps balance the open exchange of ideas with the intellectual property rights of content creators.
The Libraries of the College of Saint Benedict and Saint John's University expect that staff and patrons will respect the Copyright Laws of the United States. Those laws include a "fair use" exception to the exclusive rights of copyright owners. Our patrons can make fair use of copyrighted resources for teaching and research. However, "fair use" does not equate to "free use", even for educational purposes, and the Libraries urge our users to educate themselves on the four factors affecting fair use as identified in Section 107 of the federal Copyright Act We recommend the Fair Use Analysis Tool from the University of Minnesota Libraries as a starting point for determining whether use of copyrighted material is appropriate.
In addition to the exceptions to copyright that are defined in Section 107, the law also provides special treatment for library and archival use of copyrighted material in Section 108. This section addresses library-specific concerns such as copying for interlibrary loan and for preservation. The United States Copyright Office has issued guidelines for educators and librarians to aid in their decisions about copyright compliance. It is the policy of the Libraries of the College of Saint Benedict and Saint John's University to work within copyright law and accompanying guidelines, and to extend their principles to new media not yet explicitly addressed by law.
The copyright policies detailed here are for copyrighted works. In addition, copying works in the Library may be more freely available if the material is in the public domain; the copyright holder has given permission for the use; or a contract or license agreement permits the use.
Users of print and digital copying equipment at the Libraries are reminded to comply with copyright law by signs placed near all copy machines. The signs carry the following text:
"NOTICE OF 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. The person using this equipment is liable for copyright infringement."
As noted above, Section 108 of the Copyright Law contains special provisions for Libraries, including the authorization to provide copies of materials with the understanding that the copy will not be used for any purpose other than private study, scholarship, or research. Our interlibrary loan service is offered under this authorization, following associated guidelines. The Libraries' policy, in keeping with National Commission on New Technological Uses of Copyrighted Works (CONTU) Guidelines, is to pay copyright fees when there are more than five requests for articles from a journal title over the course of a calendar year. All reproductions furnished through Interlibrary Loan bear a statement: "This material may be protected by copyright law (Title 17 U.S. Code)."
Both print and electronic reserve materials may be covered by copyright laws. All copies of materials placed on reserve are to be used solely for educational purposes in connection with instruction in a course. Compliance with copyright law is the responsibility of the person placing the items on reserve. For reserves from licensed content, users must also abide by any terms of the license agreement. In many cases, a link to licensed content is allowed when a duplicated digital file is not. Library staff will aid faculty in seeking and obtaining permissions to place on reserve materials deemed to exceed Fair Use. Material to be processed for Reserve must contain the notice of copyright. All material will be removed from Reserve and returned to the faculty at the end of the academic term. The Libraries may refuse to place materials on reserve if the Library Director determines the reserve use fails to comply with copyright.
Parts of the Media policy were adapted with permission from Macalester College
Much of the digital content available through the Libraries is provided under license agreements that may allow for uses outside of copyright law. Users of licensed digital resources are still expected to limit use to non-commercial purposes, and to respect constraints on authorized access. Users can download or print articles or other materials for education and research, email articles to other CSB/SJU users, and provide links to licensed items for course syllabi, course management systems, course web sites, and other CSB/SJU uses.
Researchers may make copies of materials in Archives and Special Collections for personal study under circumstances determined by Library staff. The Library may restrict copying if the process of making a copy might damage the original document or artifact. Use of copies of unpublished items in the Library's collections is still governed by copyright. While the Library may have legal ownership of a physical item, the ownership of the copyright stays with the rights holder unless explicitly transferred to CSB or SJU, or unless the material is in the public domain.
For more information about copyright, we recommend the following resources.
Copyright on Campus (short video) from Copyright Clearance Center
Copyright Clearance Center, an organization that helps broker rights and permissions
Creative Commons, an organization that helps rights-holders expand access to their content
U. S. Copyright Office, the federal office charged with administering copyright in the United States
Copyright Information & Resources from the University of Minnesota Libraries
"In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work. "
-- Copyright Law of the United States of America. § 107. Limitations on exclusive rights: Fair use