George A. Smathers Libraries
University of Florida

Duplication and Sale of Reprographic Products to Libraries and Archives

The following policy applies to the duplication and sale of reprographic products, including: preservation photocopies, microforms, sound- and video-recordings, machine readable data files, and other reproductions to libraries and archives. It has been reviewed and accepted by the Office of the General Counsel, University of Florida, 3 November 1992.

Requests for duplication and sale of reprographic products received by the Libraries are routed to the Preservation Office, Reprographics Unit for processing.

After a request for duplication is received, Preservation Office staff attempt to determine the title's copyright status. 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, SECTION 108) (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.

Titles determined not to be protected by copyright legislation are duplicated. Titles, for which copyright status cannot be determined, are treated as though they are protected. The following guidelines apply to titles suspected or determined to be protected.

If the requesting institution seeks duplication for replacement or preservation purposes as defined by Title 17 of United States Code, Sections 107 through 118, and particularly Section 108, one of the following will be required:

    (1) Proof of ownership and statements that:
        (a) the purchase of a copy from the University of Florida
            constitutes a preservation replacement copy vis a vis
            Title 17 of United States Code, and
        (b) that the requesting institution has searched for and
            is unable to find a commercially available copy (i.e.,
            non-deteriorating copy, reprint, microform or, if
            appropriate, machine readable data file).
        The requesting institution is required to complete the
        attached REPRODUCTION REPLACEMENT REQUEST FORM, below.
or:
    (2) Letter from the publisher of a protected work giving the
        requesting institution permission to "contract" the
        University of Florida Smathers Libraries to duplicate the
        title from a preservation master (i.e., paper, microform
        or machine readable version) for purposes other than
        replacement or preservation of a deteriorating copy owned
        by the requesting institution.

If duplication is not possible due to copyright restrictions, Preservation Office staff inform the requesting institution that a patron use copy is available for research use, in most cases, through Inter-Library Loan.

Reproduction Replacement Request Form

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                  REPRODUCTION REPLACEMENT REQUEST
                     CERTIFICATION OF OWNERSHIP
  ================================================================
        GEORGE A. SMATHERS LIBRARIES.  UNIVERSITY OF FLORIDA.

   The following title is held by the George A. Smathers Libraries
   but cannot be reproduced, as requested by your institution, due
   to copyright restrictions.

   Title:_______________________________________________________.

   Place of Publication:________________________________________.

   Publisher:___________________________________________________.

   Edition:______________.  Date of Publication:________________.

   Local System Number:_________________________________________.

   Reproduction can be made ONLY if your institution can complete
   and certify the following:

   The requesting institution, named below, hereby certifies and
   warrants that is is the owner of the title described above,
   which has been damaged, destroyed, lost or stolen and that the
   requesting institution has made a reasonable but unsuccessful
   effort to obtain a suitable, commercial replacement thereof at
   a fair price.

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

   Signature:___________________________________________________.

   Name (type or print):________________________________________.

   Position Title:______________________________________________.

   Requesting Institution:______________________________________.

   Date:________________________________________________________.

   RETURN THIS COMPLETED FORM TO:
           Preservation Office, Reprographics Unit
           George A. Smathers Libraries
           University of Florida
           Gainesville, FL   32611

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