Duplication and Sale of Reprographic Products to Libraries and Archives

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 (1992). 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 has been reviewed and accepted by the University of Florida's Office of the General Counsel on 3 November 1992. Regardless of this review, review should be conducted also by other institutions contemplating use of this document.

The following applies to the duplication and sale of reprographic products, including: preservation photocopies, microforms, sound- and video-recordings, machine readable data files, and other reproductions of whole volumes to libraries and archives.

Procedure

01. After a request for duplication is received, PRESERVATION Department staff attempt to determine the title's copyright status.
02. All foreign imprints are treated as though they were imprinted within the United States and as possibly protected by U.S. copyright legislation, even if the country of origin has not signed the Berne Copyright Convention.

Both the United States Register of Copyrights' LIBRARY REPRODUCTION OF COPYRIGHTED WORKS (Title 17, United States Code) (Washington, D.C. : U.S. Government Printing Office, 1983) and Robert L. Oakley's COPYRIGHT AND PRESERVATION (Washington, D.C. : Commission on Preservation and Access, 1990) are consulted for guidance.

03. Titles determined not to be protected by copyright legislation are duplicated.
04. Titles for which copyright status cannot be determined are treated as though protected.
05. If the requested title is suspected or determined to be protected, PRESERVATION Department staff contact the requesting institution (cf, Attachment A), seeking one of the following:

A. Return of a completed copy of the University of Florida's "Reproduction Replacement Request Form" (Attachment B), if the requesting institution seeks duplication for replacement or preservation purposes as defined by Title 17, United States Code.

OR

B. Letter from the holder of a protected work's copyright, giving the requesting institution permission to "contract" the University of Florida Libraries to duplicate the title from a its collections for purposes other than replacement or preservation of a deteriorating copy.

And, to inform the requesting institution that a patron use copy is available for research use, in most cases, through Inter-Library Loan.


Attachment A
CONTACT LETTER : RESPONSE TO REPRODUCTION REQUESTS 

 Dear Colleague,

 Your institution recently requested a reproduction of the
 title given on the attached "Reproduction Replacement
 Request Form(s)".  The title is held by the George A.
 Smathers Libraries at the University of Florida but cannot
 be reproduced, as requested, due to copyright restrictions.
 copyright restrictions.


 Reproduction can be made ONLY if your institution can
 either:

 1. Complete and certify information on the attached
    "Reproduction Replacement Request Form",

 OR

 2. Provide the Libraries with a letter from the holder
    of the title's copyright, giving your institution
    permission to "contract" the University of Florida
    Libraries to duplicate the title from a its
    collections.


 Sincerely,
 Reprographics Unit,
 Preservation Department,
 George A. Smathers Libraries,
 University of Florida.


Attachment B
REPRODUCTION REPLACEMENT REQUEST FORM 

 Dear Colleague,

 On behalf of _____________________________________________,
 hereafter referred to as the "Institution", I certify and
 warrant that the Institution is the owner of the title
 described below.


  Title:______________________________________________.

  Place of Publication:_______________________________.

  Publisher:__________________________________________.

  Edition:_______.  Date of Publication:______________.

  Enumeration:________________________________________.


 I also certify that the Institution's copy of this title
 has been damaged, destroyed, lost or stolen, and that the
 Institution has made a reasonable but unsuccessful effort
 to obtain a suitable, commercial replacement thereof at a
 fair price.

 The Institution hereby promises to protect and hold the
 University of Florida and the George A. Smathers Libraries
 harmless against any and all liability, fines or penalties
 resulting from compliance with this request for reproduction,
 including liability, fines or penalties resulting under
 Title 17, United States Code.

 Signature:________________________________________________.

 Name (type or print):_____________________________________.

 Position Title:___________________________________________.

 Date Signed:______________________________________________.


 RETURN THIS COMPLETED FORM TO:
    Preservation Department, Reprographics Unit.
    George A. Smathers Libraries
    University of Florida
    P.O. Box 117007
    Gainesville, FL   32611

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