General Conditions of Use

Introduction

Libraries enjoy specific exemptions to the exclusive rights of copyright owners. These exemptions complement fair use in copyright law's intent to maintain a balance of the private interests of copyright owners with the public's interest in advancing the "progress of science and the useful arts" and they assure in some measure that copyright protected information is accessible to individuals for private study. In some instances, library support for teaching and research is governed by the statutory exemption for libraries and in others, libraries will find some opportunities to apply fair use. The University Libraries' Policy on Fair Use of Copyright Works along with General Principles for Fair Use in Education serve as the foundation for several Libraries service standards that affect support for teaching and research. These standards describe conditions of use and include responsibilities for the library user community that depend on user engagement and participation in decision-making regarding fair use.

General Conditions of Use

In most cases, library services that involve copying or other reproduction of copyrighted materials are dependent on at least one of five conditions. Use is permitted because:

1. the material is in the public domain;
2. the copyright holder has given permission for the use;
3. a governing contract or license agreement permits the use;
4. the use is allowable under the provisions of copyright statute, Section 108: Limitations on Exclusive Rights: Reproduction by Libraries and Archives;
5. the use is allowable under the provisions of Section 107: Limitations on Exclusive Rights: Fair Use; as outlined in the Classroom Guidelines or as determined using a case-by-case, four-factor fair use analysis.

Your comments and questions are welcome.