Copyright Policy

Warning Concerning Copyright Restrictions

Warning Concerning Copyright Restrictions The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted materials.Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.

Course Reserves

All copyrighted items submitted for Course Reserves must comply with fair use guidelines. Although it is instructors’ responsibility to ensure that their requests fall within fair use guidelines, library staff are available to assist with interpretation of fair use guidelines.

All use of materials placed on Course Reserves will be at the initiative of faculty solely for the non-commercial, educational usage of students.

The library will accept no copy of or from works intended to be "consumable." Ex. Workbooks, exercises, standardized tests and test booklets, etc.

Copyrighted materials will be used in Course Reserves without permission for one semester only.

Barry University faculty are responsible for securing copyright permission as needed.

Materials will be searchable only by instructor or course name/number to help ensure that the main users of these materials are students enrolled in the class.

Materials will be removed from Course Reserve at the close of the semester of use.

The Monsignor William Barry Memorial Library reserves the right to refuse to accept materials for Course Reserve if, in its judgment, fulfillment of the request would involve violation of copyright law. If a request is declined, the instructor will be notified.

Interlibrary Loan Requests

The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.

The National Commission on New Technological Uses of Copyrighted Works established guidelines to help libraries comply with the copyright law. At the Monsignor William Barry Memorial Library, all Interlibrary Loan processed fall within the CONTU guidelines.

The Monsignor William Barry Memorial Library reserves the right to decline an ILL request if, in its judgment, fulfillment of the order would involve violation of copyright law.

Printers/Scanners/Photocopies

The copyright law of the United States (Title 17, U.S. Code) governs the making photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.

The Monsignor William Barry Memorial Library will post warnings regarding copyright law on all printers/scanners/photocopy machines.

Individuals using the printer/scanner/photocopy machines at the Monsignor William Barry Memorial Library are solely responsible for their use.

Audio/ Visual Materials

The Copyright Act of 1976 provides protection to "original works of authorship." Protection is extended to the holders of copyright for musical works, dramatic works, pantomimes and choreographic works, pictorial and graphic works, sculptural works, motion pictures and other audiovisual works, sound recordings, and architectural works. This protection applies equally to published and unpublished works. The holders of copyright possess the exclusive right to authorize reproduction of, distribution of copies public performance of, public display of, and preparation of derivative works based on copyrighted works. It is illegal to violate the rights of copyright holders or to direct others to do so. The penalties for violation can be severe.

As a rule, The Monsignor William Barry Memorial Library will not make copies of audiovisual materials.

The library will make a digital copy of a class lecture if the instructor provides written permission.

Electronic Databases:

Electronic Databases available through Barry University Libraries are licensed by the University for non-commercial use by Barry University faculty, staff, and students for educational or research purposes only. The terms and conditions of Barry University agreements with the vendors and publishers of these electronic resources regulate the use of these resources. These conditions include but are not limited to restrictions on copying, republishing, altering, redistributing and reselling the information contained therein. For detailed terms and conditions governing the use of a particular electronic resource, please read the appropriate agreement governing that resource.

The Monsignor William Barry Memorial Library will continually monitor legal developments that may affect electronic copying and scanning of copyright-protected materials to ensure that this policy is in compliance with the spirit and the letter of the United States Copyright Law.

Policy updated October 2016