NEWPORT BEACH PUBLIC LIBRARY
INSTRUCTIONS FOR COPY REQUEST FORM

Many of the items in the Library’s collections are protected by copyright. In all instances, it is the customer’s obligation to determine and satisfy copyright and other restrictions when using materials in the Library’s collections. The Library reserves the right not to copy materials in its collections because of restrictions on such materials or for any other reason.

INSTRUCTIONS FOR COMPLETING THE REQUEST FORM:

1. Materials Requested: Please describe the materials you would like to have copied by filling in the information requested in Section 1 of the Copy Request Form.

2. Preferred Delivery Method: Please indicate how you would like the copies delivered. Options include mail, fax, or e-mail.

3. Proposed Use: Please check the purpose for copying the materials in question. Note: Permitted uses are limited to private study, research, and scholarship.

4. Are these materials in the public domain or do they fall within fair use? The website of the US Copyright Office may provide information that may be useful to you in answering this question: http://www.copyright.gov/.

In general, materials that were published in the United States prior to 1923 are in the public domain. For an overview of copyright law, go to the following website: http://www.copyright.gov/circs/circ1.html.

Customers seeking further information about the term of copyright may find the following information helpful: http://www.copyright.cornell.edu/public_domain/.

5. If the materials are not in the public domain, it is the Library’s policy to reproduce such materials only if at least one of the following conditions applies:

A. The materials fall within the exception of Section 108(d) of the Copyright Act (i.e., the customer is requesting no more than one article from a copyrighted collection or periodical.)

B. The materials fall within the exception of Section 108(e) of the Copyright Act (i.e., a copy of the copyrighted work is not otherwise commercially available, because, for example, it is out of print.)

C. The customer has contacted the owner of the copyright and has secured permission, in writing, from the copyright holder to use the materials in question. Customers whose use falls within this exception should attach appropriate documentation. In cases where a patron has not been able to contact the copyright holder, customers should indicate what steps were taken to secure the permission in question.

D. The customer’s intended use of the materials falls within the “fair use” exception of the US Copyright Act. The following link contains helpful information about the “fair use” exception: http://www.copyright.gov/fls/fl102.html. Although there is no clear rule regarding how much of a work can be reproduced under the “fair use” exception, NBPL will not regularly provide more than 15% of a work (10% of printed music) or 50 pages, whichever is less, to customers whose use falls under this exception. Customers wishing for larger orders should complete the form, and a Library representative will contact them.

NOTICE: 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 material.

Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specific conditions is that the photocopy or reproduction is not 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.

This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would violate copyright law.

GENERAL INFORMATION

Prepayment in full is required. Copy Services accepts payment by cash only. Checks will not be accepted for copy orders.

Only material in the Library’s collection may be copied. The Library may refuse to permit copying if material will be damaged. Scanning may be required in order to provide copies of rare or fragile material. The Library may impose charges for difficult-to-copy material or further restrict copying at any time if such copying is judged to be harmful to the material.

Copies will be readable, but no better than the original. All copies from Copy Services are for research purposes only.