Reproduction as a Form of Acquisition

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 This policy applies to all items, published and unpublished, in any format, from all countries regardless of copyright status.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:

Procedure

1. COLLECTION MANAGER searches LUIS, OCLC and RLIN.
   • If a microform or reprint is identified, do not file a request. Library policy requires purchase of an existing microform or reprint unless available copy is of substandard quality. Submit order for microform purchase to Acquisitions.
2. COLLECTION MANAGER notifies the Preservation Department Repro- graphics Unit of desire to reproduce an item using Attachment A.
   • Supply an OCLC, RLIN or LUIS print-out.
   • DO NOT FILE AN ILL REQUEST.
   • If reproduction requires written permission include completed copy of copyright holder's written permission statement, cf, Attachment B.
     • NOTE: The Library of Congress' Copyright Office maintains a registry of copyright histories which can be used to verify copyright status and, sometimes, current copyright holder. Search incurs fee; consult the Office for current fee.
     • In some circumstances copyright may pass to successors, or assigned or sold and bought by persons or corporations. Difficulty identifying the copyright holder does not mean that the copyright holder does not or will not protect copy rights.
     • If identifying the copyright holder is difficult or time- consuming re-evaluate need for the particular title in the University of Florida collections.
   • COLLECTION MANAGER's funds will be charged for all repro- duction costs. Rate of charge change annually and can be supplied upon request.
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.
   • If permission to copy is not granted, no further action may be taken.
   • If permission to copy is granted without further complication, forward written permission (i.e., Attachment B) to the PRESERVATION, Reprographics Unit.
   • If permission to copy is granted, but at cost, PRESERVATION will forward Attachment B with available catalog copy to ACQUISITIONS Paying Unit for payment of fee. ACQUISITIONS Paying Unit creates a provisional record for the title based upon available catalog copy and pays the fee, attaching an order record to the title. ACQUISITIONS Paying Unit, then, returns Attachment B to PRESERVATION Reprographics Unit with indication that fee has been paid and the NOTIS system number of the record created. Reproduction can not proceed until proof of fee payment is provided to PRESERVATION Reprographics Unit and a NOTIS number has been assigned.
5. PRESERVATION Department retains filed permission forms and uses them in one of the following manners at time of reproduction:
   • Electronic Imaging authorization: original is imaged among introductory targets, including copyright target with date of imaging then inter-filed with other authorizations in NOTIS number order;
   • Microfilming authorization: original filmed among introductory targets, including copyright target with date of filming, then inter-filed with other authorizations in NOTIS number order;
   • Paper facsimile authorization: original inter-filed with other authorizations in NOTIS number order; copy is bound with copyright reproduction notice in the appropriate paper facsimile.
   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.
   • In order to comply with the goals of the National Preservation Program, a bibliographic record of microfilmed items must be made upon completion of reproduction.
   • REPRODUCTION IMPLIES PRIORITY CATALOGING and may delay cataloging of other items.

Appendix 1
Duration of Copyright

                      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.

  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