Reproduction as a Form of Acquisition

Erich J. Kesse.
University of Florida
Preservation Dept.
904-392-6962
Fax: 904-392-4788

Copyright Information
This document is the product of the University of Florida Libraries which claims Copyright (1994). The document may be copied, in any format, for all uses excluding those for profit. Alteration or revision is allowed contingent upon removal of any and all references to the State of Florida, the University of Florida, and the University of Florida Libraries.
Status
This document is currently pending review by the University's Legal Counsel. While the Libraries are reasonably certain of its accuracy, claims to its validity can not be assured. Revision will be posted as soon as review is concluded. Regardless of the University of Florida's review, review should be conducted also by other institutions contemplating use of this document.

These guidelines establish criteria for reproduction of printed items, for acquisition, by the Smathers Libraries, University of Florida (UF) and maintains compliance with U.S. and international copyright legislation. These guidelines apply to electronic imaging; microfilming; photocopying; CopyFlo reproduction; and other reproduction.

Policy

Reproduction is a means of acquiring out-of-print or unavailable items or of compiling or anthologizing scattered items. This policy does not apply to items copied, unaltered, for preservation replacement. This policy applies to all items, published and unpublished, in any format, from all countries regardless of copyright status. The Libraries' ability to copy any item, however, is dependent upon copyright. The Libraries willingness to copy, in an effort to maximize its funds, is dependent upon market factors and preservation queues. Items may be reproduced for acquisition when:


  • Print or microform copy is commercially unavailable;

    AND

  • Copyright holder provides written permission to copy;

    OR

  • Item includes a waiver of copyright or the phrase, "in the public domain";

    OR

  • Item is a United States government publication;

    OR

  • Item was published before 1978 without notice of copyright;

    OR

  • Copyright has expired
    (Use APPENDIX 1 to calculate duration of copyright.)

Procedure

  1. COLLECTION MANAGER searches LUIS, OCLC and RLIN.
  2. COLLECTION MANAGER notifies the Preservation Department Repro- graphics Unit of desire to reproduce an item using Attachment A.
  3. PRESERVATION Reprographics Unit verifies unavailability of commercial microforms and reprints, as well as copyright status.
  4. COLLECTION MANAGER is notified to seek written permission to copy if the item is protected by copyright and Attachment B has not been provided.
  5. PRESERVATION Department retains filed permission forms and uses them in one of the following manners at time of reproduction: Permissions are retained for the life of the copy or duration of the rights extended.
  6. PRESERVATION Reprographics Unit files an ILL request for the item when copyright is unrestricted or cleared. PRESERVATION Reprographics Unit also creates a provisional record, if the record has not already been created during payment of fees, for the title based upon available catalog copy when the item is received from ILL. Upon receipt of copy for reproduction, the Unit then reproduces the item to preservation standard.
  7. PRESERVATION Reprographics Unit charges invoices against the COLLECTION MANAGER's fund and notifies the Collection Manager of the charge.
  8. CATALOG DEPARTMENT receives reproductions together with "Microform Technical Information Report" (MTIR) or other report as required for cataloging.

Appendix 1
Duration of Copyright


PUBLISHED WORKS
Copyrighted in or before 1908.
  • All works should now be in the public domain.
Copyrighted after 1909 and before 1978.
  • All works protected for a minimum of 28 years, or a maximum of 56 years if copyright was renewed.
Copyrighted in 1978 or after.
  • Materials protected for the life of the author, on average, about 25 years after publication, PLUS 50 years.
  • Works under corporate authorship are protected for 75 years.
Visual Art Copyrighted after 1990.
(One of a kind or signed limited (200) copies.)
  • All works protected for the life of the author only.


UNPUBLISHED WORKS
Created before 1978.
  • No works protected.
Created in 1978 or after.
  • All works protected as if copyrighted until publication.



                      REPRODUCTION REQUEST FORM
                            Attachment A.

  --------------------- REPRODUCTION REQUEST ------------------------

   COLLECTION MANAGER NAME:________________________________________.

   FUND CODE:___________________.    DATE:_________________________.
  +-----------------------------------------------------------------+
  |  Attach LUIS, OCLC or RLIN printout for title to be reproduced. |
  |-----------------------------------------------------------------|
  |  Attach PERMISSION TO COPY statement from copyright holder.     |
  +-----------------------------------------------------------------+

  -------------------- FOR PRESERVATION USE ONLY --------------------

   OCLC:________________________.    RLIN:_________________________.

   SOURCE:_________________________________________________________.

   ILL REQ. DATE:_______________.    NOTIS PROVISIONAL:____________.

  ----------------- NOTES TO THE COLLECTION MANAGER -----------------

   This request is being returned because:

     (  ) COMMERCIALLY AVAILABLE COPY exists;
          cf, information in Preservation Use section above.

     (  ) PERMISSION TO COPY statement from the copyright holder
          is required; use Attachment B.

     (  ) REPRODUCTION COMPLETE; cf, NOTIS number listed above.
          The following charges have been made to your fund:
          +------------------------------------------------------+
          |                                                      |
          | Copyright Holder's Duplication Fee .. $_____________.|
          |                                      +               |
          | Microfilm Processing & Duplication .. $_____________.|
          |                                      +               |
          | Other Reproduction Fees ............. $_____________.|
          |                                      =               |
          | TOTAL CHARGES ....................... $_____________.|
          +------------------------------------------------------+

   Contact Name:_________________________.  Date:__________________.

Permission to Copy Statement
Attachment B

When it is determined that the title which the Collection Manager wishes to reproduce is protected by copyright, the Collection Manager is required to identify the copyright holder and seek permission to copy the title for the collections. The following letter serves as a template to be used when seeking permission. Copy of the returned letter should be included with requests to copy protected titles.


LETTER OF INQUIRY.

(LETTERHEAD complete with ADDRESS & DATE)
(NAME & ADDRESS OF COPYRIGHT HOLDER)

Dear (HOLDER OF COPYRIGHT):

The George A. Smathers Libraries at the University of Florida would like to acquire a copy of (TITLE and complete BIBLIOGRAPHIC CITATION) for research use in its collections. However, copies are no longer available through commercial vendors.

We are seeking your permission, as holder of copyright for this title, to microfilm or photocopy the title from a copy held by another library for addition to our collections. Would you please take a moment to complete the enclosed query and return it to:

(NAME OF COLLECTION MANAGER)
University of Florida
George A. Smathers Libraries
P.O. Box 117007
(LIBRARY NAME & ROOM NUMBER)
Gainesville, FL 32611

Thank you, in advance, for your consideration and assistance.

Sincerely,
(SIGNATURE OF COLLECTION MANAGER)
(COLLECTION MANAGER'S NAME & TITLE)

enclosure.


Query Enclosure Form (Attachment B)

  The George A. Smathers Libraries at the University of Florida
  seeks permission to copy the following title for use in its
  collections.

     (TITLE).
     (BIBLIOGRAPHIC CITATION).

  In reference to this request, I am providing the following
  information:

    ( ) I am not the copyright holder;
        please contact:_______________________________________.

    ( ) I give my permission to reproduce this title to the
        Smathers Libraries at the University of Florida.
        Permission does not grant the Libraries subsequent
        distribution rights.
        ( ) PERMISSION IS GRANTED WITHOUT CHARGE.
        ( ) PERMISSION IS GRANTED CONTINGENT UPON PAYMENT of
            a fee in the amount of $______.
            My Federal ID number is:__________________________.
            (Invoices cannot be processed without this number.)

    ( ) I decline to give permission to reproduce this title.

  --------------------------------------------------------------

  Signature:______________________.   Date:___________________.

  Name (type or print):_______________________________________.

  Title:______________________________________________________.

  Company:____________________________________________________.

  Address:____________________________________________________.

          ____________________________________________________.

  --------------------------------------------------------------
  RETURN COMPLETED FORM TO:

            (NAME OF COLLECTION MANAGER)
            University of Florida
            George A. Smathers Libraries
            P.O. Box 117007
            Gainesville, FL   32611


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URL: http://cool.conservation-us.org/byauth/kesse/reproacq.html
Timestamp: Sunday, 23-Nov-2008 15:20:11 PST
Retrieved: Monday, 20-Nov-2017 11:47:00 GMT