Making Copies of Copyrighted Materials for UCLA Library Collections
Learn how to help expand our collections while following all laws and regulations.
The following policies relate to materials in any medium with a copyright date within the last 75 years. If no copyright agreement has been made between the United States and the country of publication, the Library is free to copy copyrighted material without securing permission.
Normally, the Library does not add to its collections by making a copy rather than acquiring the original. When necessary, the Library will add to its collections by copying if the following conditions are met:
Number of copies to be made: As many copies may be made as the copyright holder has granted permission to make. In most cases, however, only one copy will be made. Documentation of permission from Copyright owner is required by the Library in order to produce multiple copies.
Reprographic Service: Indication that the requisite checking has been completed and that backup documentation is on file will be made on the Library Reprographic Services mediated copying request form.
Missing or damaged parts of a work: For minor parts, a copy may be acquired and substituted for the missing or damaged part without obtaining permission or checking for availability.
Entire work: If an entire work is damaged, deteriorating, lost or stolen, and if the library has after a reasonable effort (see below), determined that an unused replacement cannot be obtained at a fair price, the library may make one copy for replacement purposes without having to obtain permission from the copyright holder (Title 17, Sect. 106e). Title 17, Sect. 108h extends this right to a musical work, pictorial or graphic work, motion picture or other audiovisual work.
Number of copies to be made: One copy may be made for each copy that is missing or damaged.
Documentation required by Library Reprographic Service: Indication that the requisite checking has been completed and that backup documentation is on file will be made on the Library Reprographic Service mediated copying request form.
As a major U.S. research library collection, the UCLA Library is committed to participating in national and UC-wide programs designed to cooperatively preserve materials that have become too fragile or been too badly damaged to withstand further normal use but that continue to be needed. Copies of published and unpublished materials may be made for purposes of preservation and security unless otherwise restricted.
Required checking and documentation: For materials still under copyright, the policies listed above concerning replacement copying apply.
Number of copies that may be made: The Library, as a participant in national preservation programs, follows the National Endowment for the Humanities and Research Libraries Group guidelines for preservation copying.
Distribution to a user or to another library of a second-generation copy (i.e., a copy made from a preservation master): Distribution will be undertaken when any conditions that would have been required with the original are met. This will include a copy of written permission from the copyright owner, if that would have been required for making a copy of the original.
Certain materials are used in such a way, i.e., with a machine interface, as to make the items susceptible to damage or distortion. In the case of computer programs, the copyright law addresses this issue and allows copying to counteract damage or distortion and ensure a usable item. The following guidelines highlight those sections of the law that pertain to these types of materials.
Audiovisual materials copied in the same medium: For unpublished materials, a copy may be made solely:
For most published materials a copy may only be made when the conditions for replacement copying are met, i.e., the library's holding is unusable and after reasonable effort (see below) it is determined a replacement is not available from commercial sources at a fair price (Title 17, Sect. 107 and 108c).
In unusual cases, when the library fears that an audiovisual may not be available for replacement at a future date, the library may make a circulating copy of the material. The original will not be available for use. If it becomes necessary to replace the circulating copy, a copy may be made from the original only if a replacement is not available from commercial sources at a fair price.
Audiovisual materials copied in a different format: Copying audiovisual material when change of format results is permitted when the conditions for replacement copying or preservation copying are met or when permission to change the format is granted by the publisher.
Computer programs and data files: Rights of use under copyright law may be restricted by contractual agreements, and rights of use not otherwise granted by copyright law may be granted by contractual arrangements. Valid contractual arrangements entered into by the university or the Library, and their agents, must be honored to avoid liability.
One copy or adaptation of a copyrighted computer program (a working copy) may be made for archival purposes only (Title 17, Sect. 117(2)).
All copies made for archival purposes must be destroyed in the event that continued possession of the computer program of which they are a copy ceases to be rightful (Title 17, Sect. 117(2)). In the event of lease, sale, or other transfer of interest in the computer program, any extant copies prepared in accordance with Title 17, Sect. 117 must accompany the original copy as part of the transfer. In the case of adaptations, they may be transferred only with the written authorization of the copyright owner (Title 17, Sect. 117).
An additional copy or adaptation of a copyrighted computer program may be made when such new copy or adaptation is created as an essential step in the utilization of the computer program and is not used for any other purpose (Title 17, Sect. 117(1)).
Printouts and downloading of copyrighted data files and programs are subject to the general limitations on copying imposed by the copyright law. Uncopyrighted data files and programs may be copied without restriction.
Section 108 of the Copyright Act allows libraries to reproduce published and unpublished materials under certain conditions provided that a reasonable effort is made to determine that the material cannot be obtained at a fair price from other sources.
The scope and nature of a reasonable investigation to determine that a copy in acceptable condition at a fair price cannot be obtained will always require recourse to commonly known trade sources, i.e., current publication lists or distributors of the specific medium. The reasonable effort will vary according to the circumstances of a particular situation. If there is an address, permission must be requested from the copyright holder to make the desired number of copies. At least one attempt must be made to obtain permission. The library will request from the appropriate Copyright Office or publisher the address of the copyright holder.
A record of all relevant efforts, including correspondence, must be maintained for five years and be available for inspection.