The Todd Wehr Memorial Library at Viterbo University purchases collections for the nonprofit educational use of students, employees, and faculty. All library materials, regardless of physical format, are acquired with the understanding that there will be multiple uses of a limited number of copies.  The Library frequently pays a premium institutional subscription price for journals, which is many times the individual subscription price, for the privilege of supporting multiple academic users.  

The Todd Wehr Memorial Library supports the Constitutional principle that the fundamental purpose of copyright is to promote the progress of science and the useful arts through the broad dissemination of information in a manner consistent with current copyright law.  The Library also supports the doctrine of Fair Use and follows the legitimate use rights as set forth in the fair use provision, Section 107 of the United States Copyright Act of 1976. 

Fair Use Provisions 

Section 107 of the United States Copyright Act of 1976 is as follows:  

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, is not an infringement of copyright. 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.  

When determining if use of an item is considered fair use, all four factors must be weighed.  

Unsupervised Copying 

The Library will post the following notice on all unsupervised copying machines and workstations:  

Notice: The copyright law of the United States (Title 17 U.S. Code) governs the making of photocopies or other reproductions of copyrighted material. The person using this equipment is liable for any infringement.  

Reserve Operations 

The Library will hold single or multiple copies of materials on reserve for instructors, provided that the following guidelines have been met:  

• Instructor has determined that the item they are placing on reserve complies with the Fair Use guidelines in Section 107 of the United States Copyright Act of 1976.   A copy of the original notice of copyright must accompany materials.  Fair Use determination can be made with the            assistance of library staff. 
• If materials do not meet Fair Use standards, the Instructor must obtain permission of copyright from the copyright holder.  A copy of the permission must be given to the Reserves staff.  The Reserves staff will not place items on reserve without this permission.  Repeated uses of copyrighted material require renewed permission from the copyright holder for each re-use. Exams, lecture notes, library items, instructor-owned items, and government documents do not require copyright permission.  

 Electronic Reserves 

Electronic Reserves are governed under the same policies that cover Physical Reserves.  The following additional considerations for Electronic Reserves will be met:  

• If the Library holds a current license to access digital versions of copyrighted materials, direct access will be provided through the instructor’s Blackboard page. 
• Print versions of copyrighted materials may be scanned if a Fair Use determination is made or the appropriate copyright permission has been obtained or is owned by the Library.  The scanned material will be available for only the current class term, and will be removed from Blackboard once the term is over.  
• A copyright notice will appear on screen in the electronic reserve system for each item accessed.  
• Access to electronic reserves items will be restricted to students enrolled in a particular course.  

Items obtained through interlibrary loan may not be put on reserve. 

Interlibrary Loan Operations 

The Library actively participates in Statewide, National, and International borrowing and lending of  library resources for private study, scholarship and research.  The Library reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would violate copyright law. The Library is limited to requesting five articles per year within any single journal title within the last five years.  When the Library exceeds this amount, the Copyright Clearance Center is notified and paid a royalty fee for any articles requested beyond this limit.  Additionally, the Library will consider journals for the library collection in which copyright compliance has been consistently exceeded over the course of several years.  

The following guidelines will be met for Interlibrary Lending and Borrowing:  

Borrowing  

• The requestor of information will view a statement of copyright on interlibrary request forms.  
• On each request for photocopies, the Library will indicate whether the request “Conforms to CONTU Copyright Guidelines” (CCG) or “Conforms to Copyright Law” (CCL)  
  • CCG will be used when the Library does not currently subscribe to a periodical title and the material requested was published within five years of the date of the request  
  • CCL will be used when the material was published earlier than five years of the date of the request, or if the Library determines the request falls under guidelines of Fair Use.  
   

Lending  

• On all received requests, the Library will make sure that CCG or CCL has been indicated.  
• A copy of the original notice of copyright will accompany any filled request sent to a borrower. 

Guideline #2: Linking to digital materials is always better than reposting, since you are more accuately crediting the original source. 

Guideline #3: The library subscribes to many multimedia and electronic sources that you can link to for your course.  Be sure to contact the library before licensing/purchasing additional content. 

Item Types used in traditional "face to face" classes 

Video, Audio, and Image - Copyright law allows “the performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution.” (17 U.S.C. § 110(1)).  The entirety of any video work may be shown in the face-to-face classroom.  Works owned by Viterbo may be streamed to the classroom or a learning lab, but not necessarily made available for evaluation for student homework. 

Article or Book Chapter – If you have not used an item for this class in a previous semester, you may use the item.  If you link to an existing electronic item in the library’s collection, you can usually use them for multiple semesters.  Check with the library to verify if you can link to specific content. 

 Copyright guidelines for online courses 

Online courses and hybrid classes that have 50% or more of content presented in an online format must follow the guidelines below for online courses.  

Item Types 

Video - Only a limited portion of any video may be used in an online class.  You may not show an entire film, documentary, or other video work without seeking permission from the copyright holder or articulating why the entire use is warranted. 

Audio – Only a limited portion of any dramatic work may be used in an online class.  A dramatic work is a recording of an opera, theatre performance, or musical.  You may use an entire non-dramatic work in your online class.  A non-dramatic work includes music, news, concerts, speeches, etc. 

Image – If you are using the same number of images (i.e., creative works such as artistic images, photos, or creative representations of information) or fewer in your online class than you would use in a face-to-face class, you may use the images in your course.   

Article or Book Chapter – If you have not used an item for this class in a previous semester, you may use the item.  If you link to an existing electronic item in the library’s collection, you can usually use it for multiple semesters.  Check with the library to verify if you can link to specific content. 

Permissible Classroom Copying Guidelines  

The Library supports the Copyright Revision Act, Title 17 of the United States Code, from which the Guidelines for Classroom Copying in Not-for-Profit Educational Institutions is derived.  The Guidelines are as follows:  

Multiple Copies for Classroom Use: Multiple copies (not to exceed in any event more than one copy per student in a course) may be made by or for the faculty giving the course for classroom use or discussion, provided that:  

1. The copying meets the following tests of brevity and spontaneity as defined below; and,  
2. Meets the cumulative effect test as defined below; and,  
3. Each copy includes a notice of copyright.  

Definitions: 

Brevity  

• Poetry: (a) A complete poem if less than 250 words and if printed on not more than two pages or, (b) from a longer poem, an excerpt of not more than 250 words.  
• Prose: (a) Either a complete article, story or essay of less than 2,500 words, or (b) an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words.  
• Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.  
• “Special” works: Certain works in poetry, prose or in poetic prose, which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience, fall short of 2,500 words in their entirety. Paragraph "ii" above notwithstanding, such "special works" may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the words found in the text thereof, may be reproduced.  

Spontaneity  

• The copying is at the instance and inspiration of the individual teacher, and  
• The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.  

Cumulative Effect  

• The copying of the material is for only one course in the school in which the copies are      made.  
• Not more than one short poem, article, story, essay or two excerpts may be copied from the             same author, nor more than three from the same collective work or periodical volume during             one class term.  
• There shall not be more than nine instances of such multiple copying for one course during one class term.  
•  

Prohibitions  

Notwithstanding any of the above, the following shall be prohibited:  

• Copying may not be used to create or to replace or to substitute for anthologies, compilations or collective works. A prohibited replacement or substitution occurs regardless of whether copies of various works or excerpts there from are accumulated or are reproduced and used separately.  
• There shall be no copying of or from works intended to be "consumable" in the course of study or of teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.  
• Copying shall not:  
  • substitute for the purchase of books, publisher’s reprints or periodicals;  
  • be directed by higher authority; or  
   
• be repeated with respect to the same item by the same teacher from term to term.  
• No charge may be made to the student beyond the actual cost of the photocopying.  

Fair Use Test (Modified from http://www.umuc.edu/library/copy.shtml) 

The purpose and character of the use: 

• Is the new work merely a copy of the original? If it is simply a copy, it is not as likely to be considered fair use. 
• Does the new work offer something above and beyond the original? Does it transform the original work in some way? If the work is altered significantly, used for another purpose, appeals to a different audience, it is more likely to be considered fair use. 
• Is the use of the copyrighted work for nonprofit or educational purposes? The use of copyrighted works for nonprofit or educational purposes is more likely to be considered fair use. 

The nature of the copyrighted work: 

• Is the copyrighted work a published or unpublished work? Unpublished works are less likely to be considered fair use. 
• Is the copyrighted work out of print? If it is, it is more likely to be considered fair use, (but check to make sure this assumption is correct.) 
• Is the work factual or artistic? The more a work tends toward artistic expression, the less likely it will be considered fair use. 

The amount and substantiality of the portion used: 

• The more you use, the less likely it will be considered fair use. 
• Does the amount you use exceed a reasonable expectation? If it approaches 50% of the entire work, it is likely to be considered an unfair use of the copyrighted work. 
• Is the particular portion used likely to adversely affect the author's economic gain? If you use the "heart" or "essence" of a work, it is less likely your use will be considered fair. 

The effect of use on the potential market for the copyrighted work: 

• The more the new work differs from the original, the less likely it will be considered an infringement. 
• Does the work appeal to the same audience as the original? If the answer is yes, it will likely be considered an infringement. 
• Does the new work contain anything original? If it does, it is more likely the use of the copyrighted material will be seen as fair use.