GCU Library Policies: Copyright Policy

The GCU Library abides by the provisions of the U.S. Copyright Act mentioned below. This policy applies equally to the GCU Library’s Electronic Resource Management and Interlibrary Loan policies and procedures.

The following sections of the U.S. Copyright Act are pertinent to libraries:  Section 107 (Fair Use) and Section 108 (Reproduction by libraries and archives). 

Section 107 ( Fair Use ) covers reproductions for purposes of criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research.

The four factors to consider when determining Fair Use are: 1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2) the nature of the copyrighted work; 3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and, 4) the effect of the use upon the potential market for or value of the copyrighted work.

Section 108 ( Reproduction by Libraries and Archives ) covers reproducing or distributing one copy if the copy is made without any commercial value, if the reproduction is available to all persons, and if the copy includes a copyright notice. Section 108(F)(1) provides libraries with protection from infringement violations by a patron at an unsupervised copier machine.

Section 108(G)(2) deals, among other things, with limits on interlibrary arrangements for photocopying. It prohibits systematic photocopying of copyrighted materials but permits interlibrary arrangements “that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work.”

Section 110(2) (Exemption of certain performances and displays), also known as the TEACH Act of 2002, requires the library to provide informational materials regarding copyright. These materials must accurately describe and promote compliance with U.S. copyright laws. Notices to students should alert students to copyright implications of course materials.