McGovern Library: Mission and Policies

InterLibrary Loan Policy

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Jump to a Section

Introduction

Supplying Activities
General Principles
InterLibrary Loan Supplying Policy

Requesting Activities
General Principles
InterLibrary Loan Requesting Policy
InterLibrary Loan for Distance Education Students

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Introduction 

Interlibrary Loan is a worldwide cooperative sharing agreement between libraries that affords library users in any location the means to borrow materials not available locally from another library in the same state, region, country, or the world.

McGovern Library fully supports and actively participates in Interlibrary Loan activities in accordance with the following objectives from the Library's mission statement:

• To provide access to local, regional, and worldwide information sources.
• To support and participate in local, regional, national, and international networks that share resources and services.
• To make optimal use of human, financial, and physical resources in providing library services in an ever-changing environment.

Interlibrary Loan may be subdivided into Supplying and Requesting activities. 

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Supplying Activities

General Principals 

McGovern Library:

1. Strives to respond to any Interlibrary Loan request received, regardless of the format of transmission, within 24 hours from the time of receipt.

1.1. Under normal conditions, Interlibrary Loans will be processed Monday through Friday during standard office hours, approximately 8:00 AM to 5:00 PM. Requests received outside of this timeframe will be processed the next business day.

1.2. When McGovern Library is closed due to university holidays, weather conditions, emergency situations, or for any other circumstances or reasons, requests will be processed the next business day that the Library is open.

2. Will not charge the requesting library for the use of our materials in response to an Interlibrary Loan request.

2.1. McGovern Library will pay for ordinary shipping charges to ship materials that do not require special handling or insurance to the requesting library.

2.2. The requesting library is responsible for paying ordinary shipping charges to return loaned materials to McGovern Library.

2.3. The requesting library is responsible for paying all extraordinary shipping charges for materials which require special handling or insurance.

2.4. The requesting library is responsible for paying any and all charges levied by McGovern Library for the recovery, repair, or replacement of items which become lost, stolen, damaged, destroyed, or otherwise overdue while in transit or in possession of the requesting library's patrons.

3. Will not fill an Interlibrary Loan request which is not in copyright compliance.

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InterLibrary Loan Supplying Policy

McGovern Library:

1. Will make and send photocopies of periodical articles and chapters of books in response to Interlibrary Loan requests received, so long as such requests are copyright compliant.

2. Will circulate books, audiotapes, VHS tapes and DVDs, music CDs, and LPs otherwise available for general circulation on Interlibrary Loan.

Exceptions:

2.1. Items owned for less than six months may not circulate.

2.2. Items on the New York Times Bestseller List do not circulate.

2.3. Special Collections materials (Jennewein, Boyajian, etc.) do not circulate.

2.4. Materials in formats not specifically named in this section circulate on a case-by-case basis.

3. Will specify the loan period, renewal availability, and any usage restrictions for each item which circulates on Interlibrary Loan.

3.1. Print materials generally circulate for one month, and may be renewed at the discretion of McGovern Library.

3.2. Non-print materials generally circulate for two weeks or less and are may be renewed at the discretion of McGovern Library.

3.3. Both print and non-print materials are subject to usage restrictions imposed by McGovern Library.

4. Reserves the right to restrict any item from circulating on Interlibrary Loan for any reason and at any time.

5. Will determine appropriate courses of action to recover, repair, or replace items which are lost, stolen, damaged, destroyed, or otherwise overdue while the responsibility of the requesting library.

6. Will restrict, suspend, or deny the borrowing privileges of a library which is in frequent, excessive, or gross violation of any of the guidelines established in this section of this document.

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Requesting Activities

General Principles

McGovern Library:

1. Strives to process any Interlibrary Loan request submitted, regardless of format of submission, within 24 hours from the time of receipt.

1.1. Under normal conditions, Interlibrary Loans will be processed Monday through Friday during standard office hours, approximately 8:00 AM to 5:00 PM. Requests submitted outside of this timeframe will be processed the next business day.

1.2. When McGovern Library is closed due to university holidays, weather conditions, emergency situations, or for any other circumstances or reasons, requests will be processed the next business day that the Library is open.

2. Will make every effort to obtain the requested materials at no cost to the patron.

2.1. The patron is responsible for paying any fees or charges associated with obtaining the requested material, except for fees associated with mailing the item(s) to and from the lending library.

2.2. When the requested material cannot be obtained except by paying a fee, McGovern Library will notify the patron of the charges and obtain the patron's consent to pay before continuing to process the request.

3. Strongly encourages patrons to make a complete and thorough search of the resources available at McGovern Library before submitting an Interlibrary Loan request.

4. Strictly complies with established copyright law and guidelines applicable to Interlibrary Loan, especially Title 17: Sections 107 and 108 of the United States Code and the CONTU Guidelines. For further information, see McGovern Library's "Copyright Policy" regarding Interlibrary Loan.

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InterLibrary Loan Requesting Policy

1. Interlibrary Loan requests may be submitted by any Dakota Wesleyan University student, faculty, or staff member with a valid McGovern Library barcode.

1.1. No more than "a reasonable number" of Interlibrary Loan requests may be submitted by one person for a single paper or project, or in one day, unless permission is granted by a McGovern Library staff member.

1.1.1. For practical purposes, "a reasonable number" is defined as the number of Interlibrary Loan requests necessary for the patron to research any topic as completely, thoroughly, and comprehensively as desired.

1.2 Alumni and Mitchell Public Library patrons, even those with valid McGovern Library barcodes, must use the Interlibrary Loan services available at their local public library.

2. McGovern Library will notify the patron via electronic mail, telephone, or campus mail when requested materials have arrived and are ready for pick up or use.

2.1. The supplying library determines the loan period, renewal availability, and any usage restrictions for all requested materials.

2.1.1. Non-returnables (photocopies/microfiche copies) will be sent on via campus mail or to the requester's email account. These materials become the property of the requestor.

2.2. Returnables (items with due dates) not picked up within two weeks from the date of notification, or by the due date, whichever is earlier, will be returned to the supplying library

2.2.1. Failure to pick up Interlibrary Loan materials twice in one semester will result in disciplinary action apportioned by McGovern Library, up to and including suspension of the patron's Interlibrary Loan privileges for a specified period of time.

3. The requester assumes complete and total responsibility for the supplying library's Interlibrary Loan materials from the moment of check-out/pick-up to the moment of return.

3.1. InterLibrary Loan materials must be returned by the due date specified.

3.1.1. Failure to return Interlibrary Loan materials or request a renewal by the due date will result in the following disciplinary action by McGovern Library:

3.1.1.1. Replacement cost and processing fees for the unreturned item(s) will be charged to the requester’s library account.

3.1.1.2. Suspension of all borrowing privileges for McGovern Library materials until the overdue Interlibrary Loan material(s) have been returned or full payment has been received.

3.1.1.3. Upon return of the overdue item(s), or receipt of payment, restriction of Interlibrary Loan privileges for 1 full semester during which all items with due dates will be designated “In Library Use Only.”

3.1.1.4. If a further violation of occurs during this period, the patron’s Interlibrary Loan privileges will be immediately suspended for a semester long period, and any further materials with due dates borrowed by the patron will be designated “In library use only” for the duration of the patron’s enrollment.

3.1.2. Refusal to return Interlibrary Loan materials when requested by the library staff is considered a flagrant and intentional violation of the Academic Integrity policy. Violations of the Academic Integrity policy will be reported to the College Dean and the Provost.

3.2. The patron is responsible for paying any and all charges levied by the supplying library for the recovery, repair, or replacement of items which become lost, stolen, damaged, destroyed, or otherwise overdue while the patron's responsibility. A non-refundable, $15.00 processing fee will be charged by McGovern Library, in addition to any charges levied by the supplying library.

3.2.1. The patron is not financially liable for the loss, theft, damage, or destruction of the supplying library's Interlibrary Loan material while the material is in transit, being processed, or waiting for pick up.

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InterLibrary Loan for Distance Education Students

Distance students are those students enrolled solely in online courses or those students enrolled in the Sioux Falls nursing program, and whose primary residence is not in Mitchell.  If you are not certain of your status, or if you are a student whose status has changed, please contact the circulation supervisor, Judy Lehi by email (judy.lehi@dwu.edu) or phone at (605) 995-2894.

All General Interlibrary Loan principles detailed above apply to Distance Education Students, with the following stipulations:

1. Distance Education students may submit requests for books, DVDs, CDs, etc. (any returnable materials NOT owned by McGovern Library). 

1.1. Via the Interlibrary Loan links found in the Library Catalog.  Fill in all fields completely, making sure to include your current mailing address and contact information.

1.1.1. Enter the phrase "Distance student" in the notes field.

2. Interlibrary Loan materials with due dates will be sent to the requester via UPS.

2.1. The requester assumes complete and total responsibility for the supplying library’s Interlibrary Loan materials from the moment materials leave McGovern Library until the moment they are received back at McGovern Library.

2.1.1. The patron is responsible for paying any and all charges levied by the supplying library for the recovery, repair, or replacement of items which become lost, stolen, damaged, destroyed, or otherwise overdue while the patron’s responsibility.  A non-refundable, $15.00 processing fee will be charged by McGovern Library, in addition to any charges levied by the supplying library.

2.1.2. The patron is not financially liable for the loss, theft, damage, or destruction of the supplying library’s Interlibrary Loan material while the material is in transit to or from the lending library, or while being processed at McGovern Library.

2.2. The requester assumes the cost of returning the materials to McGovern Library via UPS.

2.3. Interlibrary Loan materials must be shipped back to McGovern Library, or a renewal requested on or before the due date specified.

2.3.1. Failure to return Interlibrary Loan materials or request a renewal by the due date will result in the following disciplinary action by McGovern Library:

2.3.1.1. Replacement cost and processing fees for the unreturned item will be charged to the requester’s library account.

2.3.1.2. Suspension of all borrowing privileges for McGovern Library materials until the overdue Interlibrary Loan material(s) have been returned or full payment received.

2.3.2. Refusal to return Interlibrary Loan materials when requested by the library staff is considered a flagrant and intentional violation of the Academic Integrity policy.  Violations of the Academic Integrity policy will be reported to the College Dean and the Provost.

3. Distance Education students may submit requests for any articles from journals, magazines or newspapers, including those owned by McGovern Library.  To submit requests for articles:

3.1. Request all items via the Interlibrary Loan links found in the Library Catalog.  Fill in all fields completely, making sure to enter the phrase "Distance student" in the notes field.

Materials Selection Policy

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Principles
Allocation of Funds
Special Collections
Periodicals
Electronic Resources
Audio-Visual Resources

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Principles 

The underlying goal of the library’s selection of materials is to build a quality collection that supports the school’s curriculum. A number of principles guide the selection process:

1. Selection of materials is a joint effort. Faculty, staff, and students are encouraged to recommend materials to be added to the library collection and to share in evaluating materials being considered for purchase whenever possible.
2. The library director is charged with the ultimate responsibility of selecting materials for purchase so that the university community’s information needs are met equitably within the framework of the budget.
3. The library provides materials that stimulate growth in factual knowledge, ethical standards, and social concerns.
4. The library provides materials that enable students to make intelligent judgments in their daily lives.
5. The library provides materials that present the spectrum of opinion on current and past issues so that students may develop the practice of critical thinking.
6. The library provides materials that allow a student to learn more about him/herself.
7. The library collects materials in print and non-print formats.
8. Other commonly accepted criteria for intellectual content are applied:
   • It should be of contemporary significance and/or permanent value.
   • It should fall within the scope of the academic collection and meet the curricular and/or recreational needs of the university community.
   • It should relate to works existing in the collection.
   • It should consider the scarcity of material on the subject.
   • It should consider the reputation of the publisher for producing materials in the various subject areas.
9. Consideration is given to the accessibility of requested materials through resource sharing.

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Allocation of Funds

The Director of Learning Resources is responsible for the expenditure of all library funds. A portion of library funds for books and other materials is divided among the teaching departments of the university. The remainder of funds are reserved for the purchase of standing orders, reference materials, materials of general interest, etc. The allocation of funds takes into account the number of faculty members in each department, the number of students majoring in each subject, and the number of courses offered by each department (with upper-division courses weighted more heavily than lower-division courses). Consideration is given each year to departments offering new courses, new programs, new majors, and new degrees.

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Special Collections 

Jennewein Collection
The Jennewein Collection consists of Western literature and history, both fiction and non-fiction, as well as papers and photographs. Though the library has limited resources, this collection aims at comprehensiveness. Because of the attempt at comprehensiveness for this collection, some of the above stated “principles” may not be applied as strictly as they normally would when selecting materials.

Jennewein Collection Selection Criteria (approved 6/26/2012)

1. History and Literature of the Middle Border region through 1975
2. All American Indian materials through 1975
   • "All" includes from the east coast to the west coast of the United States and Canada plus Latin America
3. All South Dakota related material
   • Except fiction where the only connection is that the author is from South Dakota (e. g., SD authors who write fiction set in NY won’t be added)
4. Indian Literature—by or about
   • Subject headings usually include one or more of the following:
     • Indians of North America (or Latin America or Canada)—Literary Collections
     • American Literature (or Latin America or Canada)—Literary Collections
     • Indian Literature—North American (or Latin America or Canada)
     • Indians in Literature

Margaret Teufel Children's Collection
Through an endowment left to DWU, McGovern Library has funds available that are restricted for the purchase of children’s materials. This collection includes fiction and non-fiction works for children. These materials are collected in a variety of formats including print, electronic formats, video recordings, and sound recordings. The age range of this collection spans mainly grades K-8, but materials for grades 9-12 are considered for purchase.

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Periodicals

Ongoing subscription costs, storage costs, and the high rate of inflation for periodical subscriptions require greater selectivity in journal acquisition. Priority is given to periodical requests that meet definite curricular needs (especially in areas of known or anticipated program growth). Reviews and faculty evaluations are carefully considered. Because library users usually identify periodical articles using citation tools strong preference is given to periodical titles included in the indexing and abstracting tools available through the library.

Although periodical requests may be submitted at anytime, new periodical titles will be approved and ordered when it is time to renew other periodical subscriptions. The first three years of a new subscription will be charged to the fund allocation of the teaching department requesting the new title. Thereafter, the subscription cost will be covered by the library’s periodical budget.

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Electronic Resources

McGovern Library is committed to providing its users information resources in electronic format. The public services staff provides training to educate faculty and students in the use of these resources. In general, the same selection criteria used for print materials apply to electronic resources. Replacement of print resources by electronic ones is determined by a number of factors including ease-of-use, search capabilities, cost, and available hardware. The cost of new equipment is weighed when considering titles for selection.

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Audio-Visual Resources

Audio-visual materials are a component of the resources provided by the library in support of the curriculum. Audio-visual (AV) materials can develop perceptions, present ideas, and relay other types of information that are not readily transmitted through print. General selection criteria apply to AV resources. Additional selection criteria include quality of sound, photography, color reproduction, etc. It is normal library policy to preview AV materials before purchase.

Gifts and Donations Policy

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Introduction
Guidelines and Goals for Accepting Gifts
Process for Accepting Gifts
Process for Evaluating Gifts
Disposition of Gift Materials

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Introduction 

McGovern Library is grateful for offers of gifts and materials for its collections.  The library welcomes donations that enhance the library’s support of Dakota Wesleyan University’s teaching and resource needs. The library declines offers of gifts if they unnecessarily duplicate existing holdings, if the subject matter is outside the scope of its collections, if the items are in poor condition, or if there are donor restrictions the library cannot honor.

In addition to the general circulating collections of the McGovern Library, specialized resources exist in the University Archives. The University Archives house the official records of DWU, as well as other University-related materials worthy of preservation due to their enduring legal or historical value. This collection has been built entirely by deposit or donation.

The McGovern Library also houses the archives of the Dakotas Conference of the United Methodist Church.  Persons wishing to donate items to DCUMC Archives should contact Laurie Langland, University Archivist at (605) 995-2134.

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Guidelines and Goals for Accepting Gifts

Due to the high costs of managing the gift process, the library's goal in accepting gifts is to acquire only materials which are highly relevant to the institution's needs. All potential gifts will be evaluated in terms of the collection development goals of the library. These include:

• Supporting the current and evolving curriculum
• Supporting the basic research needs of faculty and students
• Maintaining older collections of depth

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Process for Accepting Gifts

1. The Library Director is responsible for following the overall Dakota Wesleyan University Policy on Gifts.
2. All offers of donations to the library are referred to the Library Director or designee. In the case of gifts destined for the general and special collections, the primary contact is the Library Director. The University Archivist is primary contact for gifts to the Archives.
3. The donor will provide a description of any gift before it can be considered. If a collection is offered, either in whole or in part, a full description (including card files, lists, manifest, etc.) is extremely useful. In the absence of such documentation, the library may require on-site evaluation of the collection by library staff before a determination to accept can be made. 
4. The Library Director will acknowledge all donations. The University Archivist will send separate acknowledgments for gifts to the Archives. 
5. Donors who deliver gifts without prior contact with library staff will receive a copy of the library's Gift Acceptance Form as a receipt and interim record of the transfer of ownership.
6. The library will not accept gifts on which a donor places restrictions that will negatively affect the use of the materials.
7. If, on subsequent evaluation, subject specialists determine material to be inappropriate, it will not be added to the collections, but will be disposed of as described below. 
8. Due to tax regulations, the library cannot provide an estimated value of donations.  Donors may wish to have gifts evaluated by a professional appraiser prior to donation.

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Process for Evaluating Gifts

All gifts are to be evaluated in light of the following criteria:

• Ability to add depth or breadth to the existing collections
• Support of overall collection development priorities
• Relevance of content
• Physical condition

The library will not accept gifts when their physical condition does not allow normal library shelving and use.  In some rare cases the library may accept books of sufficiently important content or provenance even if they require professional treatment to protect and preserve them. In these cases, the donor may be asked to provide the resources for this treatment. 

Librarians will evaluate gifts accepted for the general and special collections. They will make the final decision on adding unique or additional copies to the collections. 

The Archivist will evaluate all potential donations to Archives collections. 

When specialized knowledge is required to evaluate a gift, library staff may consult with members of the faculty or others with appropriate expertise.

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Disposition of Gift Materials 

With the exception of some archival materials, most gifts added to the collection will be cataloged and listed in the library’s online public catalog.  Some materials may be added to the library’s uncataloged Browsing Collection.

Since all gift materials that are added to the general collections are shelved in the appropriate subject classification or existing special collection areas, the library cannot maintain separate named collections.

Gifts that are not added to the collection may be disposed of in one of the following ways:

• If it has been arranged in advance, they may be returned to the donor.
• If of artifactual value, they may be sold to a specialty book dealer, and the proceeds used to support future acquisitions.
• In cases where other institutions have teaching or collecting goals which the gift more appropriately supports, these institutions may be offered the gift. The first preference is to place the item in one of the member libraries of the South Dakota Library Association (SDLN) to which Dakota Wesleyan belongs.
• Unaccessioned gifts may be sold, at nominal prices, at the periodic books sales held for Dakota Wesleyan students and faculty. The proceeds will be used to support future acquisitions.

Donors who offer items or collections that Dakota Wesleyan cannot accept may be referred to other libraries or to book donation programs.

For questions relating to general gift policy matters or for information concerning basic tax and estate planning in connection with gifts-in-kind, visit the Dakota Wesleyan University Advancement Office or call 605-995-2603.

Adopted June 2006

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Portions used with permission from:

Wellesley College Library
University of Virginia Library

Copyright Policy

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Jump to a Section

Introduction
Intent of Copyright
Public Domain and Duration of Copyright
Fair Use
Liability of Library Employees

Copyright Policies Relating to Library Services
Reserves
InterLibrary Loan
Preservation
Non-Book Materials
Special Collections and Manuscript Collections
University Archives
License Agreements

Sources Referenced

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Introduction 

The copyright law, PL 94-533, specifically restricts the copying of copyrighted material to "fair use." This policy is intended to serve as a guide concerning the reproduction of library materials in Dakota Wesleyan University's McGovern Library in accordance with the Copyright Law of the United States (hereafter referred to as 17 U.S.C. (United States Code)).

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Intent of Copyright 

The U.S. Constitution grants Congress the power "to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries." The purpose of copyright is to further knowledge for the public good by providing authors with an economic incentive to publish their works. The intended beneficiary of copyright is the public; the author's gain is incidental except insofar as it functions as an incentive.

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Public Domain and Duration of Copyright 

The information below provides a basic guideline to help determine whether or not material is still protected by copyright. 

• If a work was first published (publicly distributed) more than 75 years ago, it is safe to assume it is in the public domain. The duration of copyright for works less than 75 years old is as follows:
  1. If a work was first published before January 1, 1978, the first term of copyright endures for 28 years from the date it was originally secured.
  2. If a word was first published before January 1, 1978, and its copyright was renewed, the renewal term endures for 75 years from the date copyright was originally secured. 
  3. If a work was created but not published or copyrighted prior to January 1, 1978, the term of the copyright is the life of the author plus 50 years, but at least until December 31, 2002. If a work was published before 2002, then the term will last until December 31, 2027. 
• If a work is a United States Government publication, copyright protection is generally not available (17 U.S.C. 105). Nevertheless, a limited number of U.S. government publications may be copyrighted and a copyright notice will appear in them. These publications are subject to McGovern Library's general copyright policy.

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Fair Use

17 U.S.C. 107 states that copyrighted materials may be reproduced under special circumstances that constitute fair use. Among the factors to be included in the consideration of what constitutes fair use are:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit education 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.

As a non-profit, educational institution, Dakota Wesleyan University exists to disseminate knowledge through teaching. Therefore, reproductions made for university patrons can be assumed to be for non-commercial educational purposes. The library's collections contain scholarly materials intended for the academic community and as such are of a nature most appropriate to claims for fair use.

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Liability of Library Employees

Unsupervised reproduction: Liability for copyright infringement may not be imposed on a library or its employees for unsupervised use of reproducing equipment located on its premises, provided that such equipment displays a notice that making copies may be subject to copyright law (17 U.S.C. 108f). McGovern Library currently displays and will continue to display the proper notices.

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Copyright Policies Relating to Library Services

Reserves

McGovern Library follows the Model Policy Concerning College and University Photocopying for Classroom, Research, and Library Reserve Use developed by the American Library Association (1982). In accordance with that policy:

1. Photocopies of journal articles placed on reserve must include on the first page the complete bibliographic citation (journal title, date, and publisher) and a statement of copyright ownership.
2. Photocopies of articles may be placed on reserve for one course for one semester without evidence of permission from the copyright owner under the ALA interpretation of the Fair Use provision of the Copyright Code. Photocopies will be returned to the instructor at the end of the semester. The number of copies of each article, chapter, etc., must be reasonable in light of the number of students enrolled, the difficulty and timing of assignments, and the number of other courses that may assign the same material.
3. Use of the same photocopied material in multiple courses or subsequent semesters requires written permission from the copyright owner.
4. Bound collections (anthology format) of photocopied articles and/or chapters of books will not be accepted for Reserve use.
5. Only photocopies furnished by the instructor will be placed on reserve. Individual instructors must assure that copyright requirements are met.
6. Each copyrighted item should be submitted separately. The reserve staff will place a copyright stamp on the page bearing the bibliographic citation (see 1. above). This citation will be used to create the bibliographic record.
7. If instructors do not provide copyright information as required, photocopies submitted for Reserve will be returned to them. See 2. above for first-time use allowable under the Fair Use provision. See 3. above for copyrighted items resubmitted to Reserve for use in the next or subsequent semesters.

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InterLibrary Loan

McGovern Library endeavors to provide maximum participation in the InterLibrary Loan (ILL) process for both Dakota Wesleyan University users and for other libraries that ask us to provide materials to fill their users' requests. At the same time, McGovern Library attempts to follow the guidelines that were formulated by the National Commission on New Technological Uses of Copyrighted Works (commonly referred to as the CONTU guidelines) to address the problem of copying in aggregate quantities as it might apply to the interlibrary loan process. Though these guidelines are merely recommendations, which may not carry the force of law, McGovern Library adheres to CONTU, not only because the majority of ILL departments at other institutions abides by these guidelines, but also because the guidelines uphold the fair use doctrine. The guidelines allow McGovern Library to obtain five journal articles per title from the last five years free from royalty considerations, and do not place restrictions on articles over five years old. At present McGovern Library rarely exceeds the CONTU five-in-five rule, even though we obtain hundreds of articles for our users each year. In those cases when a given title comes under question for possible copyright violation, we have almost always been able to fill a user's needs through a combination of CONTU-covered articles with the spillover obtained through a commercial document supplier whose fee contains a royalty payment. Our joining the Copyright Clearance Center has provided one more avenue for obtaining needed journal articles without fear of copyright violation. Interlibrary loan operations consist of two distinct functions: Borrowing and Lending. The CONTU guidelines apply to both functions, but the responsibility for compliance falls primarily on the borrowing library.

1. Borrowing: All requests for materials not available in McGovern Library should be referred directly to ILL to determine whether such requests can be filled. The ILL staff will make every attempt to obtain material not owned by Dakota Wesleyan University but needed by eligible DWU users without violating copyright law. ILL staff must search the title(s), find locations for the material, examine the time span of the articles involved, and determine whether the journal title(s) are available from commercial document suppliers, are covered by the Copyright Clearance Center, or are covered by fair use.
2. Lending: Since the CONTU Guidelines specifically state that the requesting entity shall maintain records of all requests it makes for copies, we will fill any request for a photocopy of an article as long as copyright compliance is indicated on the request form (CCG or CCL) by the requesting library. We will assume that the requesting library is taking responsibility for both the nature and the amount of the material it is requesting.

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Preservation 

Libraries and archives are permitted to copy published or unpublished works for the purpose of preservation (17 U.S.C. 108). McGovern Library will observe the following conditions before reproducing library materials for preservation purposes:

1. Material comes from collections that are open to the public.
2. Reproduction is made with no purpose of commercial advantage.
3. Notice of copyright is included in the reproduction.
4. For published works not in the public domain, a suitable replacement at a fair price will be sought, and reproduction undertaken only if an acceptable replacement is unavailable.

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Non-Book Materials 

McGovern Library follows the general copyright policy for all nonbook items except under the special circumstances noted below. 17 U.S.C. 108h "generally removes musical, graphic, and audiovisual works from the specific exemptions of section 108," but "it is important to recognize that the doctrine of fair use under section 107 remains fully applicable to the photocopying or other reproduction of such works...Nothing in section 108 impairs the applicability of the fair use doctrine to a wide variety of situations involving photocopying or other reproduction by a library of copyrighted material in its collections, where the user requests the reproduction for legitimate scholarly or research purposes." (U.S. Congress, House 1976, pp. 78-79).

1. Video/Film/Sound Recordings
   • Complete copyrighted works or substantial portions thereof will not be duplicated. If the material is out of print or no longer available at a fair price, duplication is allowed. Duplication is also allowed in accordance with the statement below.
   • Portions of commercially acquired copyrighted works may be copied for instructional purposes. The amount and substantiality of the portion used in relation to the copyrighted work as a whole must be considered in determining whether the use of the excerpt constitutes fair use.
2. Computer Software
   (The term computer software applies to all software for microcomputers, minicomputers, mainframes, or any other device, and includes the software documentation)
   • McGovern Library may make a back-up copy of any software it has purchased. The original then serves as the archive copy, while the back-up copy becomes the service copy and may circulate for 28 days.
   • A notice stating that unlawful copying of software is prohibited will be posted in an area visible to the user on or near all self-service microcomputers available for patron use.
3. Off-Air Taping
   In 1979 a committee of educational users and copyright proprietors agreed on the following guidelines that were published in the October 14, 1979 Congressional Record, pp. E4750-E4752.

Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes
(The guidelines were developed to apply only to off-air recording by non-profit educational institutions). 

• A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable re-transmission) and retained by a non-profit educational institution for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. "Broadcast programs" are television programs transmitted by television stations for reception by the general public without charge.
• Off-air recordings may be used once by individual teachers in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction within a single building, cluster or campus, as well as in the home of students receiving formalized home instruction during the first ten (10) consecutive school days in the forty-five (45) day calendar day retention period. "School days" are school session days - not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions - within the forty-five (45) calendar day retention period.
• Off-air recordings may be made only at the request of and used by individual teachers, and may not be regularly recorded in anticipation of requests. No broadcast program my be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast.
• A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.
• After the first ten (10) consecutive school days, off-air recordings may be used up to the end of the forty-five (45) calendar day retention period only for teacher evaluation purposes, i.e., to determine whether or not to include the broadcast program in the teaching curriculum, and may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization.
• Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.
• All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
• Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.

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Special Collections and Manuscript Collections 

Reproduction: Photocopying for specific educational research or reference is generally permitted. Photocopying may be limited or prohibited due to the condition of the material or for security reasons. The person requesting the reproduction assumes all responsibility for infraction of copyright, or any use exceeding fair use. Any commercial application of copyrighted materials is not fair use and always requires the consent of the holder of copyright. Permission to reproduce does not constitute permission to publish.

Publishing: Ownership of copyright does not automatically accompany ownership of the physical property. In general, McGovern Library does not hold copyright for the manuscript letters, diaries, artwork, photographs and audio/visual materials in its collections. It is solely the responsibility of the researcher to obtain the permission of the copyright owner before publishing any previously unpublished material. Permission to publish is required from both the owner of copyright and McGovern Library as owner of the physical property.

The researcher is solely responsible for the use made of any material secured from McGovern Library and any infringement of copyright. As part of the McGovern Library research application, the patron must sign an agreement to comply with this copyright policy.

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University Archives

The University holds the copyright on all material published by the university. For purposes of research or reference, archival documents may be photocopied. Photocopying may be prohibited or limited should the physical condition of the material render it unfit for reproduction. Permission to publish archival material must be obtained from both the head of the academic or administrative unit from whence the material originated (as owner of copyright) and McGovern Library as owner of the physical property.

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License Agreements 

When a product acquired by McGovern Library is accompanied by a license agreement (particularly when signatures are required), it should be clearly understood that McGovern Library, in most instances, is not acquiring ownership of the material but is instead acquiring only the rights, as set forth in the terms of the license agreement, to "use" the product.

Terms set forth in license agreements are those of the publisher/distributor. McGovern Library is not required to accept these terms as stated but can instead negotiate mutually acceptable terms with the publisher/distributor. If a license agreement cannot be mutually agreed upon and McGovern Library cannot abide by the terms set forth, the only option is not to acquire the product. At present, the Director of Learning Resources is responsible for signing all license agreements that require a signature. The Acquisitions Department maintains copies of all signed license agreements.

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Sources Referenced

Bowden, Bobby, et. al. The University of Georgia Libraries Copyright Policy. July 1994. June 7, 2001 (http://arl.cni.org/scomm/copyright/Georgia.html).

Bruwelheide, Janis H. The Copyright Primer for Librarians and Educators, 2nd ed. Chicago: American Library Association; Washington, D.C.: National Education Association, 1995.

Information Policies: ALA. Model Policy Concerning College and University Photocopying for Classroom, Research, and Library Reserve Use. American Library Association. March 1982. June 29, 2001 (http://www.cni.org/docs/infopols/ALA.html#mpup).