Caltech Library DocuServe (copy and scanning services) Copyright Policy
The following materials generally will NOT be reproduced:
- I. General Copyright Statement Regarding Copy and Scanning Services
- The DocuServe department of the Caltech Library, located on the first floor of the Millikan Library, offers a mediated photocopying, printing, and scanning service (for a fee) to library patrons and library staff. This service supports private study, scholarship, research, and teaching. "Mediated" means that a library staff member makes the reproduction for the requester, either for the requester's convenience or because the requested material is fragile or rare. The Caltech Library also offer public self-service copiers/printers. The use of copyrighted materials in all formats, including the creation, online delivery, and use of digital copies of copyrighted materials requested via copy/scanning services (DocuServe), must be in compliance with U.S. copyright law and the policy outlined herein.
- II. Copy & Scanning Services and Copyright Law
- Reproduction of copyrighted materials by the DocuServe staff is governed primarily by the fair use doctrine embodied in Section 107 of the U.S. copyright law and relies upon a four-factor analysis of fair use. In some cases, reproductions may be governed by Section 108 (Limitations on Exclusive Rights: Reproduction by Libraries and Archives).
- III. What may be duplicated
- The following may be reproduced and distributed through the Caltech Library's DocuServe service:
- Entire works or sections of works that are in the public domain
- Entire works or sections of works by the U.S. Government
- Entire works or sections of works used with permission (obtained in writing) from the copyright holder
- Entire works or sections of works used under the provisions of Section 108 (Reproduction by Libraries and Archives)
- Portions of books, journal issues, and other print resources that meet a reasonable determination of fair use
- Works used under the provisions of a contract or license agreement; such agreements may differ from, and often take precedence over, what is allowed under copyright law
- Copyrighted works owned by the Caltech Library or another library, where the library has first determined, on the basis of a reasonable investigation, that the copyrighted work cannot be obtained at a fair price. (The library may require the user to provide evidence of this reasonable effort.)
- When reproducing unpublished materials, including Caltech theses and dissertations, it is important to determine whether institutional restrictions on the use of the material apply.
IV. User's Responsibilities
- Musical works; pictorial, graphic, or sculptural works; or motion pictures or audiovisual works, except audiovisual works dealing with news and pictures and graphics published as illustrations, diagrams, or similar adjuncts to works that can be copied. (E.g., if an article can be copied, then the illustration or diagram in the article can also be copied.) Exceptions may include qualifying uses for university-related instructional or scholarly purposes, under fair use.
- Items restricted by law or policy from being reproduced.
- Library staff reserve the right to refuse or otherwise limit requests, in their judgment, the requested materials and/or intended use would exceed fair use or otherwise constitute copyright infringement.
V. Library's Responsibilities
- Users should request copies of copyrighted works only to serve personal study, scholarship, research, or teaching needs.
- Users should request only the amount of material needed.
- Copies of copyrighted materials made available through DocuServe become the property of the user and should not be reproduced for further distribution under most circumstances. Exceptions to the latter may include qualifying uses for university-related instructional or scholarly purposes under fair use.
- Scanning or copying activities will be conducted without any purpose of direct or indirect commercial advantage.
- The library will not make and distribute copies of copyrighted works if it has notice that the copy will be used for anything other than private study, scholarship, research, or teaching purposes.
- Library staff will not knowingly engage in related replication or distribution of multiple copies of the same copyrighted material, except where there is a reasonable determination of fair use.
- Library staff will determine appropriate limits on materials to be reproduced and distributed based on Sections 107 and 108 and internal procedures. As representatives of the Institute and under the direction of the OGC, library staff aim to minimize the Institute's exposure. The OGC is the final authority. The Library will consult the patron in making these determinations when necessary.