Assist faculty and administration with electronic scanning, digitalconversion and duplication
Multi/Media Services will provide assistance to faculty and administration with scanning services for research and course work of 35mm slides, overhead transparencies, photographic images, and print through OCR (optical character recognition).
A member of the Multi/Media staff will perform digital reproductions. The image will be delivered as a JPEG file with a medium to low resolution (72-200 DPI) sufficient for study purposes. No cropping or other manipulation will be made to the original image as it is being transferred. Documents scanned through OCR software will not be proofed or modified in any fashion. Copies are produced with the understanding that the use of images will be limited to fair use as defined by the Copyright Act. It is the requestor’s responsibility to secure copyright approval for each image.
Please note: Requests for high-resolution images, or TIFF files, (typical resolution: 600 DPI) for use in publications, will be treated as separate requests requiring publication rights.
Multi/Media Services can provide material in a variety of formats, including CD, DVD, Share point posting.
Every attempt will be made to deliver the images in a timely manner; however, staffing, workload and the size of the request will determine actual delivery time. Multi/Media Services reserves the right to refuse to honor requests that appear to be beyond the boundaries of fair use practice. Faculty and administration should also understand that when Multi/Media Services provides a scanned image, public domain status is not directly implied for such images.
The copyright law () sets strict limits on making copies of copyrighted works. Exceeding these limits may subject the individual to liability for infringement with damages up to $100,000 per work. Title 17, United States Code
Multi/Media Services reserves the right to refuse either to accept a copy request that would involve a violation of copyright law or to make available through course reserve materials that might have been duplicated in violation of copyright law. Multi/Media Services can make no more than five copies of an article or portion of a book in accordance with “fair use” guidelines as outlined in .Section 107 of US Copyright Law
Section 107 Fair Use:
For institutions of higher education, the cardinal portion of the Copyright Act is Section 107 of the Copyright Act, the fair use provision. This section sets forth the factors that must be evaluated in determining whether a particular use, without prior permission, is a fair and, therefore, permitted use. The legitimate and lawful application of fair use rights provides the necessary and constitutionally envisioned balance between the rights of the copyright holder versus societal and educational interests in the dissemination of information.
Section 107 is as follows:
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phono records or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is fair use the factors to be considered shall include:
- The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- The nature of the copyrighted work;
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- The effect of the use upon the potential market for or value of the copyrighted work.
Electronic Reserves is an extension of traditional library services and will be provided in a manner that respects fair use rights, the right of copyright holders, and current copyright law. The electronic copying and scanning of copyright protected works for library reserve service and distance learning are unsettled areas of the law which may be addressed by courts and/or legislation. The UTEP library will continually monitor legal developments that may affect the fair use analysis of Electronic Reserves to ensure that library services are in compliance with the letter and spirit of the U.S. copyright law.
Approved By: Don Vescio
Date of Origination: 7/28/2006