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MLA Position Statements and FAQsMedical Library Association Copyright Management GuidelinesIntroductionCopyright management, including interpretation of the scope of fair use under the copyright law and arranging appropriate royalty payments, has become an increasingly important responsibility for health sciences librarians. Institutional guidance is often sought from librarians related to general institutional copying, library copying, and special purpose copying for inservice training, continuing medical education activities, journal clubs, and other activities. The focus of these guidelines is primarily on copying of paper materials, but the basic principles also apply to reproduction of digital materials. MLA Copyright Management Guidelines is intended as a practical guide and should not be used in place of sound legal advice. The guidelines do not purport to be a legal statement. Because of the nature of the subject matter, in which legal rights and liabilities often are dependent upon the specific facts and circumstances involved, readers are encouraged to consult with competent legal counsel as appropriate. Rights and Responsibilities
Beyond Fair Use: Options for Copyright ManagementThe fair use provisions of the Copyright Law are expansive and vitally important to the library community. These provisions support resource sharing through interlibrary loan and other important library services. When librarians have evaluated the four factors provided in Section 107 of the law to determine whether the reproduction of copyrighted materials constitutes fair use [1], and have concluded that the situation would not likely be deemed a fair use, there are a number of copyright management options, including:
Some options may offer librarians the opportunity to establish transactional or blanket licensing agreements. Transaction reporting services are designed to help libraries report copying that goes beyond fair use, and with a single payment, insure that royalties are distributed to the appropriate rights holders. Blanket licenses may eliminate transaction record keeping; however, librarians must insure that fair use is protected and not overlooked or overidden by the licensing agreement. A joint library association statement, Principles for Licensing Electronic Resources, provides a checklist of principles that librarians should consider when negotiating license agreements. Choosing a Copyright Management OptionAll of the methodologies mentioned above offer librarians viable options for managing the reproduction of copyrighted materials that fall outside the scope of fair use. Choosing the best option will depend on the nature and volume of copying done. Large institutions with diverse copying needs ranging from multiple coursepacks for the university's medical school to extensive electronic reserve collections will undoubtedly want to investigate rights management companies. Other institutions in which incidental copying is done for the occasional journal club may find it more efficient and cost-effective to employ other management options.
Digital Millennium Copyright Act (DMCA)Passage of the DMCA in 1998 has raised many questions for librarians. It is important to remember that the DMCA applies primarily to specific conditions regarding copyright of materials that are produced and disseminated through electronic media. It does not supersede the copyright law, which remains format neutral. While many uncertainties remain in the electronic realm, the rules governing copying of print remain stable. Fair use principles and the CONTU guidelines are clear. Librarians have always been at the pivotal point of copyright, and must continue to exercise leadership in this area to insure that appropriate permissions are secured from and, if appropriate, royalties are provided to rights holders, while protecting the fair use principles that are crucial to the advancement of scholarship and knowledge. References[1] Medical Library Association. The copyright law and the health sciences librarian. Chicago, 1989:A-1. [2] Medical Library Association. The copyright law and the health sciences librarian. Chicago, 1989:8. Web ResourcesLibrarians may find additional information on copyright and intellectual property at the following Internet sites (alphabetical list):
ContributorsT. Scott Plutchak, Editor, Bulletin of the Medical Library Association, and Director, Lister Hill Library, University of Alabama, Birmingham, AL. Logan Ludwig, Ph.D., Chair-designate, MLA Governmental Relations Committee, and Associate Dean of Library and Telehealth Services, Loyola University Stritch School of Medicine Maywood, IL. Lucretia W. McClure, MLA Copyright Referent, and Librarian Emerita, Edward G. Miner Library, University of Rochester Medical Center, Rochester, NY. Mary M. Langman, Manager of Information Issues and Policy, Medical Library Association, Chicago, IL. For further information, contact Mary Langman, 312.419.9094 x27. |
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Medical Library Association
Last Updated: 2007 July 13 |