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Coalition for Networked Information
Information Policies: A Compilation of Position Statements,
Principles, Statutes, and Other Pertinent Statements
American Library Association
American Library Association
50 E. Huron Street
Chicago, IL 60611
800-545-2433
ALA Mission Statement
Source: Handbook of Organization 1990/91,
American Library Association, Chicago, IL,
1990, page 1.
The mission of the American Library Association is to provide
leadership for the development, promotion, and improvement of
library and information services and the profession of librarianship in
order to enhance access to information for all.
Computer Software Lending by Libraries; Copyright Warning Issued
Source: Computer Software Lending by Libraries; Copyright
Warning Issued, ALA Washington Office Factsheet Copyright,
American Library Association, Washington, DC, March 19, 1991.
The Computer Software Rental Amendments Act of 1990 (title VIII,
section 202, of PL 101-650) generally grants owners of copyright in
computer programs an exclusive right to control public distribution of
the program in the nature of rental, lease, or lending. An exception to
the law allows lending by nonprofit libraries for nonprofit purposes
without the permission of the copyright owner, but requires libraries to
affix a warning of copyright to the package containing the computer
program. The text of the warning was published in the February 26,
1991 Federal Register (56 FR 7811-12) as a final regulation effective
March 28, 1991. The full text of the warning is as follows:
Notice: Warning of Copyright Restrictions
The copyright law of the United States (Title 17, United States
Code) governs the reproduction, distribution, adaptation,
public performance, and public display of copyrighted
material.
Under certain conditions specified in law, nonprofit libraries
are authorized to lend, lease, or rent copies of computer
programs to patrons on a nonprofit basis and for nonprofit
purposes. Any person who makes an unauthorized copy or
adaptation of the computer program, or redistributes the loan
copy, or publicly performs or displays the computer program,
except as permitted by Title 17 of the United States Code, may
be liable for copyright infringement.
This institution reserves the right to refuse to fulfill a loan
request if, in its judgement, fulfillment of the request would
lead to violation of the copyright law.
The regulation states that a verbatim reproduction of the notice "shall
be affixed to the packaging that contains the copy of the computer
program, which is the subject of a library loan to patrons, by means of a
label cemented, gummed, or otherwise durably attached to the copies or
to a box, reel, cartridge, cassette, or other container used as a permanent
receptacle for the copy of the computer program. The notice shall be
printed in such manner as to be clearly legible, comprehensible, and
readily apparent to a casual user of the computer program."
Section 802 of the Computer Software Rental Amendments Act also
provides for an exemption for the "transfer of possession of a lawfully
made copy of a computer program by a nonprofit educational institution to
another nonprofit educational institution or to faculty, staff, and
students."
However, such educational transfers do not require a specific copyright
warning. Section 802, encompassing both the education and library
exemptions, applies only to copies of software acquired after the date
of enactment, that is, after December 1, 1990, and is effective only for
five years, through October 1, 1997.
Within three years of enactment, the Register of Copyrights, after
consulting with representatives of copyright owners and librarians, is
to report to Congress on whether the library exemption "has achieved
its intended purpose of maintaining the integrity of the copyright
system while providing nonprofit libraries the capability to fulfill
their function."
The Freedom to Read
Source: Intellectual Freedom Manual, Third Edition,
Compiled by the Office for Intellectual Freedom of the American
Library Association, American Library Association,
Chicago and London, 1989, pages 91-95.
The freedom to read is essential to our democracy. It is continuously
under attack. Private groups and public authorities in various parts of
the country are working to remove books from sale, to censor textbooks,
to label "controversial" books, to distribute lists of "objectionable"
books or authors, and to purge libraries. These actions apparently rise
from a view that our national tradition of free expression is no longer
valid; that censorship and suppression are needed to avoid the
subversion of politics and the corruption of morals. We, as citizens
devoted to the use of books and as librarians and publishers responsible
for disseminating them, wish to assert the public interest in the
preservation of the freedom to read.
We are deeply concerned about these attempts as suppression. Most
such attempts rest on a denial of the fundamental premise of
democracy: that the ordinary citizen, by exercising critical judgment,
will accept the good and reject the bad. The censors public and private,
assume that they should determine what is good and what is bad for
their fellow-citizens.
We trust Americans to recognize propaganda, and to reject it. We do not
believe they need the help of censors to assist them in this task. We do
not believe they are prepared to sacrifice their heritage of a free press
in order to be "protected" against what others think may be bad for
them. We believe they still favor free enterprise in ideas and
expression.
We are aware, of course, that books are not alone in being subjected to
efforts at suppression. We are aware that these efforts are related to a
larger pattern of pressures being brought against education, the press,
films, radio and television. The problem is not only one of actual
censorship. The shadow of fear cast by these pressures leads, we
suspect, to an even larger voluntary curtailment of expression by those
who seek to avoid controversy.
Such pressure toward conformity is perhaps natural to a time of uneasy
change and pervading fear. Especially when so may of our
apprehensions are directed against an ideology, the expression of a
dissident idea becomes a thing feared in itself, and we tend to move
against it as against a hostile deed, with suppression.
And yet suppression is never more dangerous then in such a time of
social tension. Freedom has given the United States the elasticity to
endure strain. Freedom keeps open the path of novel and creative
solutions, and enables change to come by choice. Every silencing of a
heresy, every enforcement of an orthodoxy, diminishes the toughness
and resilience of our society and leaves it the less able to deal with
stress.
Now as always in our history, books are among our greatest instruments
of freedom. They are almost the only means for making generally
available ideas or manners of expression that can initially command
only a small audience. They are the natural medium for the new idea
and the untried voice from which come the original contributions to social
growth. They are essential to the extended discussion which serious
thought requires, and to the accumulation of knowledge and ideas into
organized collections.
We believe that free communication is essential to the preservation of
a free society and a creative culture. We believe that these pressures
towards conformity present the danger of limiting the range and
variety of inquiry and expression on which our democracy and our
culture depend. We believe that every American community must
jealously guard the freedom to publish and to circulate, in order to
preserve its own freedom to read. We believe that publishers and
librarians have a profound responsibility to give validity to that
freedom to read by making it possible for the readers to choose freely
from a variety of offerings.
The freedom to read is guaranteed by the Constitution. Those with
faith in free people will stand firm on these constitutional guarantees
of essential rights and will exercise the responsibilities that
accompany these rights.
We therefore affirm these propositions:
- It is in the public interest for publishers and librarians to
make available the widest diversity of views and expressions,
including those which are unorthodox or unpopular with the
majority.
Creative thought is by definition new, and what is new is different.
The bearer of every new thought is a rebel until that idea is refined and
tested. Totalitarian systems attempt to maintain themselves in power
by the ruthless suppression of any concept which challenges the
established orthodoxy. The power of a democratic system to adapt to
change is vastly strengthened by the freedom of its citizens to choose
widely from among conflicting opinions offered freely to them. To stifle
every nonconformist idea at birth would mark the end of the democratic
process. Furthermore, only through the constant activity of weighing
and selecting can the democratic mind attain the strength demanded by
times like these. We need to know not only what we believe but why
we believe it.
- Publishers, librarians and booksellers do not need to endorse
every idea or presentation contained in the books they make
available. It would conflict with the public interest for them to
establish their own political, moral or aesthetic views as a
standard for determining what books should be published or
circulated.
Publishers and librarians serve the educational process by helping to
make available knowledge and ideas required for the growth of the
mind and the increase of learning. They do not foster education by
imposing as mentors the patterns of their own thought. The people
should have the freedom to read and consider a broader range of ideas
than those that may be held by any single librarian or publisher or
government or church. It is wrong that what one can read should be
confined to what another thinks proper.
- It is contrary to the public interest for publishers or
librarians to determine the acceptability of a book on the basis
of the personal history or political affiliations of the author.
A book should be judged as a book. No art or literature can flourish if it
is to be measured by the political views or private lives of its creators.
No society of free people can flourish which draws up lists of writers to
whom it will not listen, whatever they may have to say.
- There is no place in our society for efforts to coerce the taste
of others, to confine adults to the reading matter deemed
suitable for adolescents, or to inhibit the efforts of writers to
achieve artistic expression.
To some, much of modern literature is shocking. But is no much of life
itself shocking? We cut off literature at the source if we prevent
writers from dealing with the staff of life. Parents and teachers have
a responsibility to prepare the young to meet the diversity of
experiences in life to which they will be exposed, as they have a
responsibility to help them learn to think critically for themselves.
These are affirmative responsibilities, not to be discharged simply by
preventing them from reading works for which they are not yet
prepared. In these matters taste differs, and taste cannot be legislated;
nor can machinery be devised which will suit the demands of one group
without limiting the freedom of others.
- It is not in the public interest to force a reader to accept with
any book the prejudgment of a label characterizing the book or
author as subversive or dangerous.
The ideal of labeling presupposes the existence of individuals or groups
with wisdom to determine by authority what is good or bad for the
citizen. It presupposes that individuals must be directed in making up
their minds about the ideas they examine. But Americans do not need
others to do their thinking for them.
- It is the responsibility of publishers and librarians, as
guardians of the people's freedom to read, to contest
encroachments upon that freedom by individuals or groups
seeking to impose their own standards or tastes upon the
community at large.
It is inevitable in the give and take of the democratic process that the
political, the moral, or the aesthetic concepts of an individual or group
will occasionally collide with those of another individual or group. In
a free society individuals are free to determine for themselves what
they wish to read, and each group is free to determine what it will
recommend to its freely associated members. But no group has the right
to take the law into its own hands, and to impose its own concept of
politics or morality upon other members of a democratic society.
Freedom is no freedom if it is accorded only to the accepted and the
inoffensive.
- It is the responsibility of publishers and librarians to give
full meaning to the freedom to read by providing books that
enrich the quality and diversity of thought and expression. By
the exercise of this affirmative responsibility, they can
demonstrate that the answer to a bad book is a good one, the
answer to a bad idea is a good one.
The freedom to read is of little consequence when expended on the
trivial; it is frustrated when the reader cannot obtain matter fit for
that reader's purpose. What is needed is not only the absence of
restraint, but the positive provision of opportunity for the people to
read the best that has been thought and said. Books are the major
channel by which the intellectual inheritance is handed down, and the
principal means of its testing and growth. The defense of their freedom
and integrity, and the enlargement of their service to society, requires
of all publishers and librarians the utmost of their faculties, and
deserves of all citizens the fullest of their support.
We state these propositions neither lightly nor as easy
generalizations. We here stake out a lofty claim for the value of books.
We do so because we believe that they are good, possessed of enormous
variety and usefulness, worthy of cherishing and keeping free. We
realize that the application of these propositions may mean the
dissemination of ideas and manners of expression that are repugnant to
many persons. We do not state these propositions in the comfortable
belief that what people read is unimportant. We believe rather that
what people read is deeply important; that ideas can be dangerous but
that the suppression of ideas is fatal to a democratic society. Freedom
itself is a dangerous way of life, but it is ours.
This statement was originally issued in May of 1953 by the Westchester
Conference of the American Library Association and the American Book
Publishers Council, which in 1970 consolidated with the American
Educational Publishers Institute to become the Association of American
Publishers.
Adopted June 25, 1953; revised January 28, 1972, January 16, 1991, by the
ALA Council and the AAP Freedom to Read Committee.
A Joint Statement by the American Library Association and the
Association of American Publishers.
Subsequently Endorsed by:
American Booksellers Association
American Booksellers Foundation for Free Expression
American Civil Liberties Union
American Federation of Teachers AFL-CIO
Anti-Defamation League of B'nai B'rith
Association of American University Presses
Children's Book Council
Freedom to Read Foundation
International Reading Association
Thomas Jefferson Center for the Protection of Free Expression
National Association of College Stores
National Council of Teachers of English
P.E.N. - American Center
People for the American Way
Periodical and Book Association of America
Sex Information and Education Council of the U.S.
Society of Professional Journalists
Women's National Book Association
YWCA of the U.S.A.
Information Technology & Libraries: Federal Roles
Source: Information Technology & Libraries: Federal Roles,
Library and InformationTechnology Association,
American Library Association, Chicago, IL, May 1991.
Federal Roles
Access to information is essential to the economic, social, and political
health of the nation. Productivity, Literacy, and Democracy, the
themes of the second White House Conference on Library and
Information Services, are being greatly influenced by information
technologies in use throughout the United States and the world. In a
global economy and in a domestic environment increasingly dependent
on information produced, maintained, and communicated in electronic
formats; there are critical issues to be addressed by the WHCLIS that
have an impact on the competitive position of the United States in the
international community. An equally important, and interrelated
theme, is the social and educational development of the citizenry, who
must operate in this complex information environment. Libraries form a
crucial link in the information life-cycle, play an important role in
fostering literacy, and are important institutions for citizen education.
Information technology must be available in libraries throughout the
United States to support:
- Productivity to ensure competitiveness in the global marketplace;
- Literacy to ensure that all individuals can function effectively in a
complex technological environment;
- Democracy to ensure that all citizens have free access to fundamental
information by and about their government.
The Nation's Libraries
Libraries in the United States have long been at the forefront in
providing information to the public. With printed materials such as
books and journals, a nationwide network of libraries has evolved over
the past century that enables all people in any given location,
regardless of socioeconomic status, to gain access to the world's recorded
knowledge. This system of public, academic, and school libraries has
not evolved under any systematic centralized national control.
Nevertheless, through efforts largely at the local and state level, this
evolution has grown into a nationwide infrastructure of publicly accessible
libraries who mission is to provide access to information to individuals.
The long-range goal of this national network of libraries is to ensure a
better-informed public. An informed public is fundamental to the preservation
of the democracy and a crucial link in providing opportunity for all
individuals in society to increase their knowledge without being charged
unnecessary fees.
In contrast, no such infrastructure is in place with respect to the
distribution of, and access to, the types of electronic information widely
available through commercial database services. The economics of
access through commercial database services. The economics of access to
this electronic information are such that even many of the nation's
publicly-funded libraries have found it necessary, given their levels of
funding, to charge library patrons on a pay-per-use basis for access to
these databases. Even publicly funded governmental databases are not
readily accessible for most citizens.
Federal Information Policies
The following issues are presented in an attempt to further a framework
for the creation and maintenance of federal information policies to
ensure competitiveness in the global marketplace, effective functioning
of citizens in a complex technological environment, and free access to
fundamental information by and about the government for all citizens.
- Literacy. The continuing existence and well-being of a society based
on democratic principles requires the opportunity for a large portion of
the citizenry to participate in meaningful ways in the economic and
political processes of society. Such opportunity in an information-
dependent society is predicated on a very basic ability to read.
However, functional literacy is not enough. In addition, citizens must
have the necessary skills to gain access to and utilize electronically
stored and disseminated information.
- Democracy. While access to, and sophisticated use of, information is
crucial to the economic development of the nation, its value extends
well beyond being simply an economic nation, its value extends well
beyond being simply an economic commodity in itself. A democracy
depends on an informed and educated citizenry. Access to information
by all segments within that citizenry is a public good upon which rests
the social and political health of the nation, as well as its economic
well-being. The libraries of the nation are dedicated to providing a
link between government information and American citizens.
- Affordability of Access. The principle barrier preventing ready
access to electronic information is the high cost of access to information
in electronic formats. Access even to the thousands of information
databases that are available to the public is simply beyond the reach
of many citizens, including grassroots environmental groups, scientists,
unions, human service advocates, and consumer advocacy groups. The
lack of concrete information might have adverse effects upon the
ability of such groups to effect change, conduct research, report
accurately, or advise the public of potential harm.
- Equity of Access. Geographical location should not be a
discriminating factor in access to electronic information. The cost of
accessing many of the publicly available electronic information
databases is higher in rural areas, small towns and cities, and certain
regions of the country in general than in major metropolitan areas
because of the higher telecommunications costs involved.
- Equality of Access. Access to, and use of, electronic information must
not be impeded because of socioeconomic status. The nation must exert
special effort to reach the socioeconomically disadvantaged and ensure
mechanisms that will allow everyone a fair opportunity for access to
information, including that available in electronic formats.
- National Electronic Infrastructure. Affordable, equitable, and equal
access to information in electronic formats is dependent upon a national
electronic infrastructure. Additionally, there is a need for a societal
mechanisms to facilitate access and subsidize at least some portion of
the costs involved, in the interest of the public good.
The Federal Role
The federal government is a crucial partner with America's libraries in
providing for the information needs of its citizenry. A federal role in
support of an informed and educated public is essential to:
- Ensure that constitutional protection of intellectual freedom, civil
rights, and other legal rights is universally available--such as
protection of the right to read and privacy of information;
- Ensure a literate populace through the support of literacy programs;
- Disseminate federal information in print and electronic formats
through the Government Printing Office's library depository program;
- Fund hardware for public, academic, and school libraries to access
telecommunication networks and participate in resource sharing
activities;
- Address the urgent need to upgrade library facilities to accommodate
new technologies and to allow access by physically limited users;
- Address infrastructure issues, such as the development of a National
Research and Educational Network;
- Support programs that promote cost-efficiency at the national level,
such as national bibliographic standards and networks;
- Provide benefits across political jurisdictions and international
boundaries;
- Develop societal mechanisms to facilitate access to electronic
information in a public setting irrespective of an individual's ability to
pay for access;
- Develop federal policies to foster cooperation between the United
States and other nations in joint ventures related to the evolution of
information technology;
- Foster diversity and competition in the information industry, while
at the same time protecting the public good, recognizing that in certain
instances, this protection does require regulation;
- Develop a framework for the creation of a national information
policy through a coalition of government, business, education, and
libraries.
Actions
Therefore, we recommend that:
- Congress reauthorize and expand in 1991 the Higher Education Act,
Titles II, VI, and VII, to support resource sharing, strengthen and
provide access to unique resources, support innovative uses of technology
in networking, purchase hardware for information technology, and to
assist in construction and updating library facilities to accommodate
new information technologies.
- Congress reauthorize in 1994 the Library Services and Construction
Act to support and promote interlibrary cooperation and resource
sharing.
- Congress expand and fund adequately those programs that benefit
both directly and indirectly public, academic, and school library
programs. Some of the programs include:
- National programs provided through the Library of Congress,
such as the distribution of standardized bibliographic records
and the development of national and international standards
for networking.
- Access to specialized national resources through the National
Library of Medicine, the National Agricultural Library, and
the National Archives.
- Free availability and distribution of government-produced
information through the Government Printing Office.
- Cost-effective delivery of library materials and information
through subsidized postal rates and discount rates from common
carriers of electronic data.
- Open access to information through the Freedom of
Information Act.
- Congress enact legislation creating and funding the National
Research and Education Network which will serve as the information
superhighway of tomorrow and allow libraries to capitalize on the
advantages of technology for resource sharing and the exchange of
information.
- The federal government regulations that foster information sharing
and international data flow to ensure access to foreign cultural,
scientific, technical, and trade information.
- The federal government develop a framework and begin the creation
of a national information policy through a coalition of congress,
business, higher education, and libraries.
LITA
The Library and Information Technology Association (LITA) is
dedicated to linking librarians and information specialists to
technology for access to information. LITA is concerned with the
planning, development, design, application, and integration of
technologies within the library and information environment, with the
impact of emerging technologies on library service, and with the effect
of automated technologies on people. Its major focus is on
interdisciplinary issues and emerging technology, stimulating and
supporting the delivery of information services to all patrons in all
kinds of libraries. Unites within LITA include interest groups on
artificial intelligence/expert systems, desktop publishing, distributed
systems and networks, electronic mail/electronic bulletin boards,
hypertext, imagineering, online catalogs, optical information systems,
telecommunications, innovative microcomputer support of cataloging,
microcomputer users, emerging technologies, adaptive technologies,
human/machine interfaces, MARC holdings, customized applications
for library microcomputers, library consortia/automated systems,
authority control in the online environment, retrospective conversion,
programmer/analyst, serials automation, and vendor/user.
International Lending: Principles and Guidelines for Procedure
(1978; revised 1983)
Source: International Federation of Library Associations and
Institutions (IFLA) Section on Interlending Standing
Committee. Printed in Boucher, Virginia. Interlibrary Loan
Practices Handbook, American Library Association, Chicago,
IL, 1984, Appendix, pages 177-182.
The mutual use of individual collections is a necessary element of
international cooperation by libraries. Just as no library can be self-
sufficient in meeting all the information needs of its clientele, so no
country can be self-sufficient. If the library service of a country is to be
effective methods must be devised to obtain access to material held in
other collections in other countries. International lending has as its aim
the supply by one country to another, in the surest and fastest way, of
documents that are not available in the country where they are needed.
The following Guidelines, agreed by the Standing Committee of IFLA's
Section on Interlending in 1978, represent a major revision of the Rules
agreed by IFLA in 1954. While they have no mandatory force, and
while every country must determine the ways in which it conducts
interlending, the Guidelines are strongly urged on individual countries
and libraries as a basis for the conduct of international lending. They
are preceded by a statement of Principles of international lending
agreed in 1976 by National Libraries and by the Standing Committee of
IFLA's Section on Interlending, and are accompanied by a commentary
which seeks to elucidate and amplify certain aspects of the Guidelines.
Principles of International Lending
- Every country should accept responsibility to supply to any other
country, by loan or photocopy, copies of its own publications, certainly
those published from the present date, and as far as possible
retrospectively. This responsibility may be discharged in various
ways, among which national loan/photocopy collections appear to
have particular advantages.
- Each country should have a national centre or centres, to serve as a
channel both for outgoing and incoming requests, though there may be
circumstances in which requests may by-pass this channel. Such centres
should be closely linked with, if not part of, the national library.
- Each country should aim to develop an efficient national lending
system, since national lending systems are the essential infrastructure
of international lending.
- As far as possible, photocopies or microfilms should be supplied in
the place of loans of original copies.
- Fast methods should be used for requesting, and, where long distances
are involved, airmail should be used for supplying and returning items.
- All requests should be dealt with expeditiously at all points: the
requesting library, the national centre or centres, and the supplying
library.
- Standard and simple procedures should be developed and adopted,
particularly procedures for requesting items and for reclaiming any
payment.
Guidelines for Procedure
- National Centre for International Lending
1.1 Each country (or in some federal countries, each state or
province) should have a centre for international lending. Its
main functions are:
a. to serve as a focus for the receipt of requests from
abroad;
b. to serve as a focus for the transmission to foreign
countries of requests from libraries in its own country;
c. to gather, with the assistance of libraries in the
country, statistics of international loan transactions and
to send these figures each year to the IFLA Office for
International Lending.
1.2 Centres for international lending may, and should where
possible, also perform the following functions:
a. serve as the centre for national interlending;
b. be the main national centre for union catalogue
construction and maintenance;
c. have direct access to significant library collections in
the country;
d. provide an information service for interlending;
e. have responsibility for planning, developing and
supervising an efficient national system of interlending
where this function is not adequately performed by
another agency.
Commentary
National centres are recommended as being in most
cases the simplest and most effective way of carrying
out the functions enumerated in 1.1 and 1.2, and also of
ensuring that other recommendations (ed 2.4) are
observed. They also facilitate both requesting and
lending by other countries. It is however recognized
that alternative solutions may be found in some
countries. In such countries, and countries which have
as yet no national centre, the following
recommendations are made:
1.1a Published guides, as comprehensive as possible, should
be provided to facilitate the direction of requests by other
countries. All libraries within the country should make
strenuous efforts to observe the same procedures for handling
and when necessary circulating requests received from other
countries.
1.1b Individual libraries should accept responsibility for
ensuring that no loanable copy of a required work exists in
another library within the country before sending requests
abroad.
1.1c The collection of statistics, which is vital for monitoring
trends and efficiency, must still be carried out on a national
basis.
1.2 Strong co-ordination is essential if the international
requirements and responsibilities of a country without centre
are to be fulfilled efficiently. A co-ordinating body may be in a
position to fulfill some of the functions of a national centre.
- Procedure for Requesting
2.1 All requests shall be made on the forms authorized by
IFLA, unless otherwise stipulated by the library to which
requests are sent.
2.2 To ensure that inadequate or inaccurate requests are not sent
abroad the borrowing library shall verify, and where necessary
complete, the bibliographic details of items requested to the
best of its ability, giving the source of reference where possible.
Where necessary the details shall be checked or completed by
the national centre.
2.3 Requesting libraries should keep a record of all requests,
each of which should bear a serial number.
2.4 All reasonable efforts shall be made to ensure that no
loanable copy is available in its own country before a request is
sent abroad. Documents that are available in a country but are
temporarily in use should not be requested on international
loan.
2.5 Requests should be sent by the fastest means available.
Commentary
Requests for loans should normally go through national
centres, since otherwise it is very difficult to ensure
that there is no other loanable copy in the country, and
loans are expensive. It may be decided that it is easier,
cheaper and faster to apply direct abroad (for example,
when the only known location is outside the country);
however, a record for all such requests should be sent to
the national centre for information. Requests for
photocopies may however in appropriate cases be made
direct to foreign libraries, not necessarily in the country
of publication.
2.1 At present there are two authorized forms: the older
version with tear-off sections, and the three-part form
introduced in 1975. Forms should wherever possible be
completed in typescript.
2.2 Inadequate requests cause delays, and may have to be
returned for further checking. Where a request is inadequate
because the requesting library has insufficient bibliographical
resources to check it, it should be checked by the national centre
or centres before it is despatched.
2.4 Where there is more than one centre in a country, this is the
task of the appropriate centre in each case.
2.5 Fast methods include telex, airmail and computer.
- Procedure for Supplying
3.1 Every country has a special responsibility to supply its own
national imprints on international loan. No country or library
is under an obligation to supply a work that has been requested,
but adequate effort should be made to satisfy international
requests.
3.2 Items shall be sent direct to the requesting library except
where, for administrative reasons, it is specifically required
that they should be sent to the national centre.
3.3 All documents lent should be clearly marked with the name
of the owning library.
3.4 Packages containing items sent in response to requests shall
be clearly marked: 'International Loans Between Libraries.
(International Agreement of 1978)'.
3.5 No library receiving a request should normally retain it for
longer than one week (two weeks in the case of difficult
requests) before supplying the item or returning the request to
the national centre or the requesting library.
3.6 When a request cannot be satisfied, the requesting library
should be notified at once.
3.7 When the satisfaction of a request is likely to be seriously
delayed, the requesting library should be notified at once.
Commentary
3.1 The responsibility of each country to supply its own
national imprints is emphasized: without such a
responsibility, both availability and speed of supply are
seriously jeopardized. This responsibility is an essential
element in Universal Availability of Publications.
3.4 Clear statements on the outside of packages are necessary to
avoid problems with Customs.
3.5 Difficult requests include requests that require extensive
bibliographic checking and requests that are satisfied by
making copies of the items in question.
3.6 Failure to notify inability to supply or delays in
supplying
3.7 causes further delays and uncertainty in the requesting
library.
In countries with no national centre, fast procedures should be
devised to transmit requests that cannot be satisfied to other
libraries. If such procedures are not possible, the requests
should be returned at once to the requesting library.
- Conditions of Supply
4.1 Where photocopies are supplied, libraries supplying and
receiving them must abide by any provisions needed to satisfy
relevant copyright regulations.
4.2 Original documents when received by the borrowing library
shall be used in accordance with its normal regulations, unless
the supplying library stipulates certain conditions.
4.3 Items should be sent by the fastest postal service available.
Commentary
4.3 It is recognized that in some cases the use of airmail,
although desirable, may not be possible because the cost cannot
be borne by either the borrowing or the supplying library. The
use of fast methods of transmission is nevertheless very strongly
urged, since slower methods may make libraries reluctant to
lend and inconvenience the individual user.
- Period of Loan
5.1 The loan period, which shall in all cases be specifically
and clearly stated, shall normally be one month, excluding the
time required for despatch and return of the documents. The
supplying library may extend or curtail this time limit.
5.2 Application for extension of the loan period shall be made
in time to reach the supplying library before the loan period
has expired.
- Procedure for Returning
6.1 Documents lent should be returned by the fastest postal
service available. Packages shall be marked "International
Loans Between Libraries (International Agreement of 1978)".
6.2 Libraries returning documents shall observe any special
stipulation by supplying libraries with regard to packaging,
registration, etc.
6.3 Documents shall be returned direct to the supplying library
except where return to the national centre is specifically
stipulated.
Commentary
6.2 Special arrangements may relate to special packaging in
the case of fragile documents or registration in the case of rare
items.
- Receipts
No receipts shall be made either for the supply of an item or its
return to the supplying library, unless specifically requested.
- Responsibility for Loss or Damage
From the amount a library despatches an item to a requesting
library until it returns, the requesting library shall normally be
responsible for any loss or damage incurred, and pay the
supplying library the full estimated cost of such loss or damage,
including where requested any administrative costs involved.
Commentary
It is in the interests of all concerned to ensure that all items are
adequately packaged. Claims from supplying libraries for loss
or damage cannot be seriously entertained if packaging by them
has been inadequate.
Supplying libraries are expected to help where necessary with
postal inquiries in cases of loss or damage.
- Payment
Accounting and payment procedures should be minimized.
Payment shall be made or waived according to agreements
between the two countries involved. Payment between national
centres or individual libraries receiving and providing a
similar number of satisfied requests should be waived.
Payment may be waived when the number of items supplied to
a particular country or library is so small as not to justify the
accounting procedures involved.
Commentary
Simplified methods of payment include:
a) prepared systems, whereby national centres or
libraries buy numbers of coupons in advance, and send an
appropriate number of coupons with each request;
b) deposit accounts, whereby the supplying library
holds a sum deposited by a requesting library and
deducts amounts from it according to each item
supplied;
c) flat-rate payments, whereby average rather than
individual costs are recovered; or until payments,
whereby charges are made in a limited number of units.
Either of these methods may be combined with pre-
payment or deposit accounts.
Payment may be made by national centres, which may
recover it from requesting libraries in their countries, or
direct by requesting libraries, according to the system in
operation in the requesting country. The requirements of
the supplying library or country, which should be as
simple and clear as possible, must in all cases be
observed.
Different practices may be applied to loans and to
photocopies or other reproductions sent in place of
loans: for example, two countries, or a group of
countries, may agree to waive charges for loans but not
to photocopies.
- Statistics
Libraries participating in international lending shall keep
statistics of requests received from and sent to other countries,
and those satisfied in each case. These statistics shall be sent
each year to the national centre or national association for
forwarding to the IFLA Office of International Lending.
Commentary
The statistics to be collected should include:
1. The total number of requests sent abroad and the
total satisfied
a) by loan,
b) by photocopy.
2. The total number of requests received from abroad
and the total satisfied
a) by loan,
b) by photocopy.
The above statistics should preferably be kept in rank
order by country.
Where it is not possible to collect figures for satisfaction rates
over all requests, they may be estimated from sample surveys.
A fuller statement of recommended statistics is given in IFLA
Journal, volume 3, number 2, 1977, page 117-126: International
lending statistics.
Library Bill of Rights
Source: Handbook of Organization 1990/91, American Library
Association, Chicago, IL, 1990, page 256.
The American Library Association affirms that all libraries are forums
for information and ideas, and that the following basic policies should
guide their services.
- Books and other library resources should be provided for the interest,
information and ideas, and enlightenment of all people of the community
the library serves. Materials should not be excluded because of the origin,
background, or views of those contributing to their creation.
- Libraries should provide materials and information presenting all
points of view on current and historical issues. Materials should not be
proscribed or removed because of partisan or doctrinal disapproval.
- Libraries should challenge censorship in the fulfillment of their
responsibility to provide information and enlightenment.
- Libraries should cooperate with all persons and groups concerned with
resisting abridgment of free expression and free access to ideas.
- A person's right to use a library should not be denied or abridged because
of origin, age, background, or views.
- Libraries which make exhibit spaces and meeting rooms available to the
public they serve should make facilities available on an equitable basis,
regardless of the beliefs or affiliations of individuals or groups requesting
their use.
Adopted June 18, 1948. Amended February 2, 1961, June 27, 1967, and
January 23, 1980, by the ALA Council.
Library and Information Technology Association
Source: Linda J. Knutson, Executive Director, Library and
Information Technology Association (LITA), American Library
Association, 50 E. Huron Street, Chicago, IL, July 25, 1991.
Vision Statement
The Library and Information Technology Association envisions a world
in which the complete spectrum of information technology is available
to everyone. People in all their diversity will have access to a wealth
of information technology in libraries, at work and at home. In this world
everybody can realize their full potential with the help of information
technology. The very boundaries of human relations will expand beyond
the limitations of time and space we experience today. The outer limits are
still unknown; what is known is that the exploration will be challenging.
Mission Statement
LITA provides its members, other ALA divisions and members, and the
library and information science field as a whole with a forum for
discussion, an environment for learning, and a program for action on the
design, development, and implementation of automated and
technological systems in the library and information science field.
Function Statement
LITA is concerned with the planning, development, design, application,
and integration of technologies within the library and information
environment, with the impact of emerging technologies on library
service, and with the effect of automated technologies on people. Its
major focus is on the interdisciplinary issues and emerging technologies.
LITA disseminates information, provides educational opportunities for
learning about information technologies and forums for the discussion of
common concerns, monitors new technologies with potential
applications in information science, encourages and fosters research,
promotes the development of technical standards, and examines the
effects of library systems and networks.
Strategic Planning Goals
- To provide opportunities for professional growth and performance in
areas of information technology.
- To influence national and international level initiatives relating to
information and access.
- To promote, participate in, and influence the development of
technical standards related to the storage, dissemination and delivery
of information.
- To strengthen the association and assure its continued success.
Model Interlibrary Loan Code for Regional, State, Local, or Other
Special Groups of Libraries
Endorsed by Reference and Adult Services Division Board of
Directors, New York, June 1980.
Source: Available from the American Library Association and
printed in Boucher, Virginia. Interlibrary Loan Practices
Handbook, American Library Association, Chicago, IL, 1984,
Appendix, pages 136-138.
Preface
The "Model Interlibrary Loan Code for Regional, State, Local or Other
Special Groups of Libraries" is intended to provide guidelines for any
group of libraries interested in developing an interlibrary loan code to
meet special needs. The Model Code, while complementing the
"National Interlibrary Loan Code, 1980," allows libraries more
flexibility and creativity in satisfying interlibrary loan needs in a
specific situation.
The Model Code is designed to provide a framework for cooperation.
Since it is recognized that most networks and consortia can be more
liberal in loaning materials, the Model Code has fewer restrictions
than the National Code. All libraries in a network or consortium
should participate in developing an interlibrary loan code. Each
section of the code should be discussed and should be expanded or
modified, if necessary, for local use. The bracketed sections of the
Model Code indicate specific areas where local information may be
necessary. Libraries are encouraged to put as few restrictions as possible
on the exchange of materials.
The use of interlibrary loan service is becoming increasingly important
to libraries committed to providing a high level of service to their
clientele. In A Commitment to Information Services: Developmental
Guidelines, 1979, the Reference and Adult Services Division
emphasizes the importance of considering "the needs and interests of
all users, including children, young adults, adults ...." Interlibrary loan
is a service that should be publicized and provided to all members of
the library's clientele.
A strong interlibrary loan network within a local, state, or regional
jurisdiction should be the primary source of interlibrary loan materials
for all libraries. Only after all of these resources have been exhausted
should a library request material outside of these arrangements. In
making outside requests, the "National Interlibrary Loan Code, 1980"
and the Interlibrary Loan Procedure Manual should be followed. This
approach will distribute the burden of requests more equitably and
provide better service for all libraries.
Model Interlibrary Loan Code for Regional, State, Local, or
Other Special Groups of Libraries
This code is a voluntary agreement adopted by ____________
_________________________ [system, consortium, network, etc.]
on _____________________ [date] to govern interlibrary lending
among libraries in ________________________ [metropolitan area,
region, state, system, network, consortium, etc.]
Introduction
Interlibrary loan service is essential to the vitality of libraries of all
types and sizes as a means of greatly expanding the range of materials
available to users. Lending between libraries is in the public interest
and should be encouraged. This code is intended to make interlibrary
loan policies among those libraries adopting it as liberal and as easy to
apply as possible. Interlibrary loan should serve as an adjunct to, not a
substitute for, collection development. When resources within the
region have been exhausted, loan requests to more distant libraries
would then conform to the provisions of the "National Interlibrary
Loan Code, 1980."
I. Definition
An interlibrary loan is a transaction in which library material, or a
copy of the material, is made available by one library to another upon
request.
II. Purpose
The purpose of interlibrary loan as defined in this code is to obtain
library material not available in the local library.
III. Scope
Under the terms of this agreement, it is permissible to request on
interlibrary loan any type of library material [except ........].
IV. Responsibilities of Borrowing Libraries
A. Each library should provide the resources to meet the
ordinary needs and interests of its primary clientele. Material
requested from another library under this code should generally
be limited to those items that do not conform to the library's
collection development policy or for which there is no recurring
demand.
B. Borrowing libraries should make every effort to exhaust
their own resources before resorting to interlibrary loan.
C. The interlibrary loan staff of each library should be
familiar with, and use, relevant interlibrary loan documents
and aids including ______________________________. [List here
pertinent interlibrary loan codes, interlibrary loan
procedure manuals, and bibliographic tools and services.]
D. Each library should inform its users of the purpose of
interlibrary loan and of the library's interlibrary borrowing
policy. Any member of the borrowing library's clientele should
be eligible for interlibrary loan.
E. The borrowing library is responsible for compliance with the
copyright law (Title 17, U.S. Code) and its accompanying
guidelines, and should inform its users of the applicable
portions of the law. An indication of compliance must be
provided with all copy requests.
F. Requested material must be described as completely and
accurately as possible following accepted bibliographic
practice. If an item cannot be verified, the statement "cannot
verify" should be included along with information about the
original source of citation. [Variations in accepted
bibliographic practice may be referred to here.]
G. Requests should be routed through channels established by
libraries participating int his agreement. These channels are
outlined in _______________________________. [List here
specific documents outlining agreed-upon channels.]
H. Standard interlibrary loan formats should be used for all
requests, regardless of the means of transmissions. [Variations
from standard interlibrary loan formats may be referred to
here.]
I. The safety of borrowed materials is the responsibility of
the borrowing library from the time the material leaves the
lending library until it is received by the lending library. The
borrowing library is responsible for packaging the material so
as to ensure its return in good condition. If damage or loss occurs,
the borrowing library must meet all costs of repair or
replacement, in accordance with the preferences of the lending
library.
J. The borrowing library and its users must comply with the
conditions of loan established by the lending library. Unless
specifically forbidden by the lending library, copying by the
borrowing library is permitted provided that it is in accordance
with the copyright law and no damage to the original volume
will result.
K. The borrowing library should encourage library users to
travel to other libraries for onsite access to material when
extensive use of a collection is required or the nature of the
material requires special handling. The borrowing library
should assist the user in making the necessary arrangements.
V. Responsibilities of Lending Libraries
A. The decision to loan material is at the discretion of the
lending library. Each library is encouraged, however, to
interpret as generously as possible its own lending policy with
due consideration to the interests of its primary clientele.
B. A statement of interlibrary loan policy should be made
available upon request and should be on file in the state library
[or other appropriate agency].
C. The lending library should process requests promptly. [A
specific number of days for processing may be inserted here.]
D. A lending library is responsible for informing any borrowing
library of its apparent failure to follow the provisions of this
code.
VI. Expenses
A. The borrowing library should be prepared to assume any
costs charged by the lending library and should attempt to
anticipate charges and authorize them on the initial request.
[List here any documents referring to charging policies.]
B. If the charges are more than nominal and not authorized by
the borrowing library, the lending library should inform the
requesting library and ask for authorization to proceed.
VII. Duration of Loan
A. The duration of loan, unless otherwise specified by the
lending library, is the period of time the item may remain with
the borrowing library disregarding the time spent in transit.
B. Interlibrary loan material should be returned promptly.
C. A renewal request should be sent in time to reach the lending
library not later than the due date. If the lending library does
not respond, it will be assumed that renewal, for the same
period as the original loan, is granted.
D. All material on loan is subject to immediate recall, and the
borrowing library should comply promptly.
VIII. Violation of Code
Each library is responsible for maintaining the provisions of
this code in good faith.
Model Policy Concerning College and University Photocopying for
Classroom, Research and Library Reserve Use
Source: Model Policy Concerning College and University
Photocopying for Classroom, Research and Library Reserve
Use, American Library Association, Washington Office,
Washington, DC, March 1982. ISBN: 0-9389-5624. This item is
also sold by ALA Publishing for $1.50.
This model policy, another in a series of copyright advisory documents
developed by the American Library Association (ALA), is intended for
the guidance and use of academic librarians, faculty, administrators,
and legal counsel in response to implementation of the rights and
responsibilities provisions of Public Law 94-553, General Revision of
the Copyright Law, which took effect on January 1, 1978.
Prepared by ALA Legal Counsel Mary Hutchings of the law firm Sidley
& Austin, with advise and assistance from the Copyright
Subcommittee (ad hoc) of ALA's Legislation Committee, Association of
College and Research Libraries (ACRL) Copyright Committee,
Association of Research Libraries (ARL) and other academic librarians
and copyright attorneys, the model policy outlines "fair use" rights in
the academic environment for classroom teaching, research activities
and library services. Please note that it does not address other library
photocopying which may be permitted under other sections of the
Copyright Law, e.g., SS108 (Reproduction by Libraries and Archives).
Too often, members of the academic community have been reluctant or
hesitant to exercise their rights of fair use under the law for fear of
courting an infringement suit. It is important to understand that in U.S.
law, copyright is a limited statutory monopoly and the public's right to
use materials must be protected. Safeguards have been written into the
legislative history accompanying the new copyright law protecting
librarians, teachers, researchers and scholars and guaranteeing their
rights of access to information as they carry out their responsibilities
for educating or conducting research. It is, therefore, important to heed
the advise of a former U.S. Register of Copyrights: "If you don't use fair
use, you will lose it!"
I. The Copyright Act and Photocopying
From time to time, the faculty and staff of this University [College]
may use photocopied materials to supplement research and teaching.
In many cases, photocopying can facilitate the University's [College's]
mission; that is, the development and transmission of information.
However, the photocopying of copyrighted materials is a right granted
under the copyright law's doctrine of "fair use" which must not be
abused. This report will explain the University's [College's} policy
concerning the photocopying of copyrighted materials by faculty and
library staff. Please note that this policy does not address other
library photocopying which may be permitted under sections of the
copyright law, e.g., 17 U.S.C. SS108.
Copyright is a constitutionally conceived property right which is
designed to promote the progress of science and the useful arts by
securing for an author the benefits of his or her original work of
authorship for a limited time. U.S. Constitution, Art. I, Sec. 8. The
Copyright statute, 17 U.S.C. SS101 et seq., implements this policy by
balancing the author's interest against the public interest in the
dissemination of information affecting areas of universal concern, such
as art, science, history and business. The grand design of this delicate
balance is to foster the creation and dissemination of intellectual works
for the general public.
The Copyright Act defines the rights of a copyright holder and how
they may be enforced against an infringer. Included within the
Copyright Act is the "fair use" doctrine which allows, under certain
conditions, the copying of copyrighted material. While the Act lists
general factors under the heading of "fair use" it provides little in the
way of specific directions for what constitutes fair use. The law states:
17 U.S.C. SS107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of section 106, the fair use of a
copyrighted work, including such use by reproduction in copies
or phonorecords or by any other means specified by 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 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.
The purpose of this report is to provide you, the faculty and staff of
this University [College}, with an explanation of when the
photocopying of copyrighted material in our opinion is permitted under
the fair use doctrine. Where possible, common examples of research,
classroom, and library reserve photocopying have been included to
illustrate what we believe to be the reach and limits of fair use.
Please note that the copyright law applies to all forms of
photocopying, whether it is undertaken at a commercial copying center,
at the University's [College's] central or departmental copying
facilities or at a self-service machine. While you are free to use the
services of a commercial establishment, you should be prepared to
provide documentation of permission from the publisher (if such
permission is necessary under this policy), since many commercial
copiers will require such proof.
We hope this report will give you an appreciation of the factors which
weight in favor of fair use and those factors which weigh against fair
use, but faculty members must determine for themselves which works
will be photocopied. This University [College] does not condone a
policy of photocopying instead of purchasing copyrighted works where
such photocopying would constitute an infringement under the
Copyright law, but it does encourage faculty members to exercise good
judgment in serving the best interests of students in an efficient manner.
Instructions for securing permission to photocopy copyrighted works
when such copying is beyond the limits of fair use appear at the end of
this report. It is the policy of this University that the user (faculty,
staff or librarian) secure such permission whenever it is legally
necessary.
II. Unrestricted Photocopying
A. Uncopyrighted Published Works
Writing published before January 1, 1978 which have never
been copyrighted may be photocopied without restriction.
Copies of works protected by copyright must bear a copyright
notice, which consists of the letter "c" in a circle, or the work
"Copyright", or the abbreviation "Copr.", plus the year of first
publication, plus the name of the copyright owner. 17 U.S.C.
SS401. As to works published before January 1, 1978, in the case
of a book, the notice must be placed on the title page or the
reverse side of the title page. In the case of a periodical the
notice must be placed either on the title page, the first page of
text, or in the masthead. A pre-1978 failure to comply with the
notice requirements results in the work being injected into the
public domain, i.e., unprotected. Copyright notice requirements
have been relaxed since 1978, so that the absence of notice on
copies of a work published after January 1, 1978 does not
necessarily mean the work in the public domain. 17 U.S.C.
SS405 (a) and (c). However, you will not be liable for damages
for copyright infringement of works published after that date,
if, after normal inspection, you photocopy a work on which you
cannot find a copyright symbol and you have not received
actual notice of the fact the work is copyrighted. 17 U.S.C.
SS405(b). However, a copyright owner who found out about
your photocopying would have the right to prevent further
distribution of the copies if in fact the work were copyrighted
and the copies are infringing. 17 U.S.C. SS405(b).
B. Published Works with Expired Copyrights
Writings with expired copyrights may be photocopied without
restriction. All copyrights prior to 1906 have expired. 17
U.S.C. SS304(b). Copyrights granted after 1906 may have been
renewed; however the writing will probably not contain notice
of the renewal. Therefore, it should be assumed all writings
dated 1906 or later are covered by a valid copyright, unless
information to the contrary is obtained from the owner or the
U.S. Copyright Office (see Copyright Office Circular 15t).
Copyright Office Circular R22 explains how to investigate the
copyright status of a work. One way is to use the Catalog of
Copyright Entries published by the Copyright Office and
available in [the University Library] many libraries.
Alternatively you may request the Copyright Office to conduct
a search of its registration and/or assignment records. The
Office charges an hourly fee for this service. You will need to
submit as much information as you have concerning the work in
which you are interested, such as the title, author,
approximate date of publication, the type of work or any
available copyright data. The Copyright Office does caution
that its searches are not conclusive; for instance, if a work
obtained copyright less than 28 years ago, it may be fully
protected although there has been no registration or deposit.
C. Unpublished Works
Unpublished works, such as theses and dissertations, may be
protected by copyright. If such a work was created before
January 1, 1978 and has not been copyrighted or published
without copyright notice, the work is protected under the new
Act for the life of the author plus fifty years, 17 U.S.C. SS303,
but in no case earlier than December 31, 2002. If such a work is
published on or before that date, the copyright will not expire
before December 31, 2027. Works created after January 1, 1978
and not published enjoy copyright protection for the life of the
author plus fifty years. 17 U.S.C. SS302.
D. U.S. Government Publications
All U.S. Government publications with the possible exception
of some National Technical Information Service Publications
less than five years old may be photocopied without
restrictions, except to the extent they contain copyrighted
materials from other sources. 17 U.S.C. SS105. U.S.
Government publications are documents prepared by an official
or employee of the government in an official capacity. 17
U.S.C. SS101. Government publications include the opinions of
courts in legal cases, Congressional Reports on proposed bills,
testimony offered at Congressional hearings and the works of
government employees in their official capacities. Works
prepared by outside authors on contract to the government may
or may not be protected by copyright, depending on the specifics
of the contract. In the absence of copyright notice on such works,
it would be reasonable to assume they are government works in
the public domain. It should be noted that state government
works may be protected by copyright. See, 17 U.S.C. SS105.
However, the opinions of state courts are not protected.
III. Permissible Photocopying of Copyrighted Works
The Copyright Act allows anyone to photocopy copyrighted works
without securing permission from the copyright owner when the
photocopying amounts to a "fair use" of the material. 17 U.S.C. SS107.
The guidelines in this report discuss the boundaries for fair use of
photocopied material used in research or the classroom or in a library
reserve operation. Fair use cannot always be expressed in numbers --
either the number of pages copied or the number of copies distributed.
Therefore, you should wight the various factors listed in the Act and
judge whether the intended use of photocopied, copyrighted material
is within the spirit of the fair use doctrine. Any serious questions
concerning whether a particular photocopying constitutes fair use
should be directed to University [College] counsel.
A. Research Uses
At the very least, instructors may make a single copy of any of
the following for scholarly research or use in teaching or
preparing to teach a class:
1. a chapter from a book;
2. an article from a periodical or newspaper;
3. a short story, short essay, or short poem,
whether or not from a collective work;
4. a chart, diagram, graph, drawing, cartoon or
picture from a book, periodical, or newspaper.
These examples reflect the most conservative guidelines for
fair use. They do not represent inviolate ceilings for the amount
of copyrighted material which can be photocopied within the
boundaries of fair use. When exceeding these minimum levels,
however, you again should consider the four factors listed in
Section 107 of the Copyright Act to make sure that any
additional photocopying is justified. The following
demonstrate situations where increased levels of photocopying
would continue to remain within the ambit of fair use:
1. the inability to obtain another copy of the
work because it is not available from another library or
source cannot be obtained within your time constraints;
2. the intention to photocopy the material only
once and not to distribute the material to others;
3. the ability to keep the amount of material
photocopied within a reasonable proportion to the
entire work (the larger the work, the greater amount of
material which may be photocopied).
Most single-copy photocopying for your personal use in research
-- even when it involves a substantial portion of a work -- may
well constitute fair use.
B. Classroom Uses
Primary and secondary school educators have, with publishers,
developed the following guidelines, which allow a teacher to
distribute photocopied material to students in a class without
the publisher's prior permission, under the following
conditions:
1. the distribution of the same photocopied material
does not occur every semester;
2. only one copy is distributed for each student which
copy must become the student's property;
3. the material includes a copyright notice on the first
page of the portion of material photocopied;
4. the students are not assessed any fee beyond the
actual cost of the photocopying.
In addition, the educators agreed that the amount of material
distributed should not exceed certain brevity standards. Under
those guidelines, a prose work may be reproduced in its entirety
if it is less than 2500 words in length. If the work exceeds such
length, the excerpt reproduced may not exceed 1000 words, or
10% of the work, whichever is less. In the case of poetry, 250
words is the maximum permitted.
These minimum standards normally would not be realistic in
the University setting. Faculty members needing to exceed
these limits for college education should not feel hampered by
these guidelines, although they should attempt a "selective
and sparing" use of photocopied, copyrighted material.
The photocopying practices of an instructor should not have a
significant detrimental impact on the market for the
copyrighted work. 17 U.S.C. SS107(4). To guard against this
effect, you usually should restrict use of an item of photocopied
material to one course and you should not repeatedly photocopy
excepts from one periodical or author without the permission of
the copyright owner.
C. Library Reserve Uses
At the request of a faculty member, a library may photocopy
and place on reserve excerpts from copyrighted works in its
collection in accordance with guidelines similar to those
governing formal classroom distribution for face-to-face
teaching discussed above. This University [College] believes
that these guidelines apply to the library reserve shelf to the
extent it functions as an extension of classroom readings or
reflects an individual student's right to photocopy for his
personal scholastic use under the doctrine of fair use. In
general, librarians may photocopy materials for reserve room
use for the convenience of students both in preparing class
assignments and in pursuing informal educational activities
which higher education requires, such as advanced
independent study and research.
If the request calls for only one copy to be placed on reserve, the
library may photocopy an entire article, or an entire chapter
from a book, or an entire poem. Requests for multiple copies on
reserve should meet the following guidelines:
1. the amount of material should be reasonable in
relation to the total amount of material assigned for
one term of a course taking into account the nature of the
course, its subject matter and level, 17 U.S.C. SS107(1)
and (3);
2. the number of copies should be reasonable in light of
the number of students enrolled, the difficulty and
timing of assignments, and the number of other courses
which may assign the same material, 17 U.S.C.
SS107(1) and (3);
3. the material should contain a notice of copyright,
see 17 U.S.C. SS401;
4. the effect of photocopying the material should not
be detrimental to the market for the work. (In general,
the library should own at least one copy of the work.)
17 U.S.C. SS107(4).
For example, a professor may place on reserve as a supplement
to the course textbook a reasonable number of copies of article
from academic journals or chapters from trade books. A
reasonable number of copies will in most instances be less than
six, but factors such as the length or difficulty of the
assignment, the number of enrolled students and the length of
time allowed for completion of the assignment may permit more
in unusual circumstances.
In addition, a faculty member may also request that multiple
copies of photocopied, copyrighted material be placed on the
reserve shelf if there is insufficient time to obtain permission
from the copyright owner. For example, a professor may place
on reserve several photocopies of an entire article from a recent
issue of Time magazine or the New York Times in lieu of
distributing a copy to each member of the class. If you are in
doubt as to whether a particular instance of photocopying is
fair use in the reserve reading room, you should waive any fee
for such a use.
D. Uses of Photocopied Material Requiring Permission
1. repetitive copying: The classroom or reserve use of
photocopied materials in multiple courses or successive
years will normally require advance permission from
the owner of the copyright, 17 U.S.C. SS107(3).
2. copying for profit: Faculty should not charge
students more than the actual cost of photocopying the
material, 17 U.S.C. SS107(1).
3. consumable works: The duplication of works that are
consumed in the classroom, such as standardized tests,
exercises, and workbooks, normally requires permission
from the copyright owner, 17 U.S.C. SS107(4).
4. creation of anthologies as basic text material for a
course: Creation of a collective work or anthology by
photocopying a number of copyrighted articles and
excerpts to be purchased and used together as the basic
text for a course will in most instances require the
permission of the copyrighted owners. Such photocopying of
a book and thus less likely to be deemed fair use, 17 U.S.C. SS107(4).
E. How to Obtain Permission
When a use of photocopied material requires that you request
permission, you should communicate complete and accurate
information to the copyright owner. The American Association
of Publishers suggests that the following information be
included in a permission request letter in order to expedite the
process:
1. Title, author and/or editor, and edition of materials
to be duplicated.
2. Exact material to be used, giving amount, page
numbers, chapters and, if possible, a photocopy of the
material.
3. Number of copies to be made.
4. Use to be made of duplicated materials.
5. Form of distribution (classroom, newsletter, etc.).
6. Whether or not the material is to be sold.
7. Type of reprint (ditto, photography, offset, typeset).
The request should be sent, together with a self-addressed
return envelope, to the permissions department of the publisher
in question. If the address of the publisher does not appear at
the front of the material, it may be readily obtained in a
publication entitled The Literary Marketplace, published by
the R. R. Bowker Company and available in all libraries.
The process of granting permission requires time for the
publisher to check the status of the copyright and to evaluate
the nature of the request. It is advisable, therefore, to allow
enough lead time to obtain permission before the materials are
needed. In some instances, the publisher may assess a fee for
the permission. It is not inappropriate to pass this fee on to the
student who receive copies of the photocopied material.
The Copyright Clearance Center also has the right to grant
permission and collect fees for photocopying rights for certain
publications. Libraries may copy from any journal which is
registered with the CCC and report the copying beyond fair use
to CCC and pay the set fee. A list of publications for which the
CCC handles fees and permissions is available from CCC, 310
Madison Avenue, New York, N.Y. 10017.
Sample Letter To Copyright Owner (Publisher)
Requesting Permission To Copy:
March 1, 1982
Material Permissions Department
Hypothetical Book Company
500 East Avenue
Chicago, IL 60601
Dear Sir or Madam:
I would like permission to copy the following for continued use in
my classes in future semesters:
Title: Learning is Good, Second Edition
Copyright: Hypothetical Book Co., 1965, 1971
Author: Frank Jones
Material to be duplicated: Chapters 10, 11 and 14
(photocopy enclosed).
Number of copies: 500
Distribution: The material will be distributed to students in
my classes and they will pay only the cost of the photocopying.
Type of reprint: Photocopy
Use: The chapter will be used as supplementary teaching
materials.
I have enclosed a self-addressed envelope for your convenience in
replying to this request.
Sincerely,
Faculty Member
F. Infringement
Courts and legal scholars alike have commented that the fair
use provisions in the Copyright Act are among the most vague
and difficult that can be found anywhere in the law. In
amending the Copyright Act in 1976, Congress anticipated the
problem this would pose for users of copyrighted materials who
wished to stay under the umbrella of protection offered by fair
use. For this reason, the Copyright Act contains specific
provisions which grant additional rights to libraries and
insulate employees of a non-profit educational institution,
library, or archives from statutory damages for infringement
where the infringer believed or had reasonable ground to
believe the photocopying was a fair use of the material. 17
U.S.C. SS504(c)(2).
Normally, an infringer is liable to the copyright owner for the
actual losses sustained because of the photocopying and any
additional profits of the infringer. 17 U.S.C. SS504(a)(1) and
(b). Where the monetary losses are nominal, the copyright
owner usually will claim statutory damages instead of the
actual losses. 17 U.S.C. SS504(a)(2) and (c). The statutory
damages may reach as high as $10,000 (or up to $50,000 if the
infringement is willful). In addition to suing for money
damages, a copyright owner can usually prevent future
infringement through a court injunction. 17 U.S.C. SS502.
The Copyright Act specifically exempts from statutory
damages any employee of a non-profit educational institution,
library, or archives, who "believed and had reasonable grounds
for believing that his or her use of the copyrighted work was a
fair use under Section 107." 17 U.S.C. SS504(c)(2). While the
fair use provisions are admittedly ambiguous, any employee
who attempts to stay within the guidelines contained in this
report should have an adequate good faith defense in the case
of an innocently committed infringement.
If the criteria contained in this report are followed, it is our
view that no copyright infringement will occur and that there
will be no adverse affect on the market for copyrighted works.
(Many educational institutions will provide their employees
legal counsel without charge if an infringement suit is brought
against the employee for photocopying performed in the course
of employment. If so, this should be noted here.)
National Interlibrary Loan Code, 1980
Notes: Adopted by Reference and Adult Services Division
Board of Directors, New York, 1980.
Source: Available from the American Library Association and
printed in Boucher, Virginia. Interlibrary Loan Practices
Handbook, American Library Association, Chicago, IL, 1984,
Appendix, pages 139-141.
Introduction
Interlibrary loan is essential to the vitality of libraries of all types
and sizes and is a means by which a wide range of material can be made
available to users. This code is designed primarily to regulate lending
relations between research libraries and between libraries operating
outside networks or consortia. It is recognized that through specific
agreements, libraries organized geographically, by mutual subject
interest, or other bases will have developed codes of their own. It is not
the intent of this code to prescribe the nature of interlibrary lending
under such arrangements. (See "Model Interlibrary Loan Code for
Regional, State, Local, or Other Special Groups of Libraries.)
The effectiveness of a national system of interlibrary lending is
directly related to the equitable distribution of costs among all the
libraries involved. Interlibrary loan is an adjunct to, not a substitute for,
collection development in individual libraries. Requests to national
and research libraries or requests beyond networks and consortia should
only be made after local, state, and regional sources have been
exhausted. It is understood that every library must maintain an
appropriate balance between resource sharing and responsibility to its
primary clientele.
This national code contains general guidelines for the borrowing and
lending of library material. Details of procedures to be used in
implementing the code will be found in the Interlibrary Loan Procedure
Manual published by the American Library Association. All libraries
participating in interlibrary loan should have copies of this
publication and should follow these recommendations. The manual
also provides information on international interlibrary loan.
The Reference and Adult Services Division, acting for the American
Library Association in its adoption of this code, recognizes that the
exchange of material between libraries is an important element in the
provision of library service and believes it to be in the public interest to
encourage such an exchange.
I. Definition
An interlibrary loan is a transaction in which library material, or a
copy of the material, is made available by one library to another upon
request.
II. Purpose
The purpose of interlibrary loan as defined in this code is to obtain, for
research and serious study, library material not available through local,
state, or regional libraries.
III. Scope
A. A loan or a copy of any material may be requested from
another library in accordance with the published lending
policy of that library. The lending library will decide in each
case whether a particular item can be provided.
B. Most libraries will not ordinarily lend the following types
of materials:
1. Rare or valuable material, including manuscripts;
2. Bulky or fragile items that are difficult or expensive
to ship;
3. Material in high demand at the lending library;
4. Material with local circulation restrictions;
5. Unique material that would be difficult to replace.
IV. Responsibilities of Borrowing Libraries
A. Each library should provide the resources to meet the study,
instructional, informational, and normal research needs of its
primary clientele. This can be accomplished through its own
collection or through local, state, or regional cooperative
resource-sharing agreements. Material requested from another
library under this code should generally be limited to those
items that do not conform to the library's collection
development policy and for which there is no recurring demand.
B. The interlibrary loan staff of each library should be
familiar with, and use, relevant interlibrary loan documents
and aids. These include this code, the Interlibrary Loan
Procedure Manual, lending policies of the major research
libraries, and standard bibliographic tools and services.
C. Each library should inform its users of the purpose of
interlibrary loan and of the library's interlibrary borrowing
policy.
D. The borrowing library is responsible for compliance with
the copyright law (Title 17, U.S. Code) and its accompanying
guidelines, and should inform its users of the applicable
portions of the law. An indication of compliance must be
provided with all copy requests.
E. Requested materials must be described completely and
accurately following accepted bibliographic practice as
outlined in the current Interlibrary Loan Procedure Manual. If
the item cannot be verified, the statement "cannot verify"
should be included along with complete information as to the
original source of the citation.
F. The borrowing library should carefully screen all requests for
loans and reject any that do not conform to this code.
G. Standard bibliographic tools, such as union catalogs,
computerized data bases, and other listing services, should be
used in determining the location of material. Care should be
taken to avoid concentrating the burden of requests on a few
libraries.
H. Standard interlibrary loan formats should be used for all
requests, regardless of the means of transmission.
I. The safety of borrowed material is the responsibility of the
borrowing library from the time the material leaves the
lending library until it is received by the lending library. The
borrowing library is responsible for packaging the material so
as to ensure its return in good condition. If damage or loss occurs,
the borrowing library must meet all costs of repair or
replacement, in accordance with the preference of the lending
library.
J. The borrowing library and its users must comply with the
conditions of loan established by the lending library. Unless
specifically forbidden by the lending library, copying by the
borrowing library is permitted provided that it is in accordance
with the copyright law and no damage to the original material
will result.
K. The borrowing library should encourage library users to
travel to other libraries for onsite access to material when
extensive use of a collection is required or the nature of the
material requires special handling. The borrowing library
should assist the user in making the necessary arrangements.
V. Responsibilities of Lending Libraries
A. The decision to loan material is at the discretion of the
lending library. Each library is encouraged, however, to
interpret as generously as possible its own lending policy with
due consideration to the interests of its primary clientele.
B. A statement of interlibrary loan policy and charges should
be made available upon request.
C. The lending library should process requests promptly.
Conditions of loan should be stated clearly and material should
be packaged carefully. The lending library should notify the
borrowing library when unable to fill a request, stating the
reason for not filling the request.
D. A lending library is responsible for informing any borrowing
library of its apparent failure to follow the provisions of this
code.
VI. Expenses
A. The borrowing library assumes responsibility for all costs
charged by the lending library, including transportation,
insurance, copying, and any service charges. The borrowing
library should try to anticipate charges and authorize them on
the original request.
B. It is recommended that nominal costs, such as postage, be
absorbed by the lending library.
C. If the charges are more than nominal and not authorized by
the borrowing library, the lending library should inform the
requesting library and ask for authorization to proceed.
VII. Duration of Loan
A. The duration of loan, unless otherwise specified by the
lending library, is the period of time the item may remain with
the borrowing library disregarding the time spent in transit.
B. Interlibrary loan material should be returned promptly.
C. The borrowing library should ask for renewals only in
unusual circumstances. The renewal request should be sent in
time to reach the lending library no later than the date due. If
the lending library does not respond, it will be assumed that
renewal, for the same period as the original loan, is granted.
D. All material on loan is subject to immediate recall, and the
borrowing library should comply promptly.
VIII. Violation of Code
Continued disregard of any provision of this code is sufficient reason for
suspension of borrowing privileges.
Policy on Confidentiality of Library Records
Source: Handbook of Organization 1990/91, American Library
Association, Chicago, IL, 1990, page 256.
The American Library Association strongly recommends that the
responsible officers of each library, cooperative system, and consortium
in the United States:
- Formally adopt a policy which specifically recognizes its
circulation records and other records identifying the names of library
users with specific materials to be confidential.
- Advise all librarians and library employees that such records shall
not be made available to any agency of state, federal, or local government
except pursuant to such process, order, or subpoena as may be authorized
under the authority of, and pursuant to, federal, state, or local law relating to
civil, criminal, or administrative discovery procedures or legislative
investigatory power.
- Resist the issuance or enforcement of any such process, order, or
subpoena until such time as a proper showing of good cause has been
made in a court of competent jurisdiction.
info@cni.org
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