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Instructions to photocopy services

Except where otherwise stated, this directive applies to the making by a university of a single copy from a work protected by copyright for the purposes of research, private study, review, criticism or news reporting in circumstances in which the consent of the owner of copyright has not been secured and is not required by reason of the fair dealing exception in the Copyright Act. For detailed information on fair dealing please consult Memorial's Fair Dealing Policy and Fair Dealing FAQ. Permission from a copyright holder may be required where the copy falls outside of these guidelines. For information regarding permissions contact the Copyright Office.

Single copies that are permitted to be made pursuant to this policy must be made only from publications in which copyright subsists, such as, books, journals and other periodical publications, newspapers and magazines ("Published Works"). A copy may only be made from a lawful copy of the work in the possession of the university, and if the lawful copy is in electronic form, there is no restriction against making a copy under the contractual terms relating to the Published Work.

No copying may exceed 10 per cent of a Published Work, other than a textbook produced primarily for the post-secondary education market, or the following, whichever is greater:

a.) an entire chapter from a book provided that it does not exceed 20 per cent of the book;
b.) an entire article from a periodical publication;
c.) an entire short story, play, poem or essay from a book or periodical publication;
d.) an entire entry from an encyclopedia, dictionary, annotated bibliography or similar reference book;
e.) an entire reproduction of an artistic work from a book or periodical publication; or,
f.) a single musical score from a book or periodical publication.

No copying may exceed 5 per cent of a textbook produced primarily for the post-secondary education market, or the following, whichever is greater:

a.) an entire chapter from a textbook provided that it does not exceed 10 per cent of thetextbook;
b.) an entire short story, play, poem or essay from the textbook provided that it does not exceed 10 per cent of the textbook; or
c.) an entire reproduction of an artistic work or a single musical score from the textbook provided that it does not exceed 10 per cent of the textbook.

Notwithstanding any of the other provisions of these guidelines, no copies may be made of the following:

a.) any of the works referred to in paragraphs 3a and 3b above of these guidelines where the publication containing the work does not contain other works. For example, no copy may be made of a play from a publication containing the play but no other work.
b.) unpublished works, subject to the provisions of paragraph 10 below;
c.) proprietary workbooks, work cards, assignment sheets, tests and examination papers;
d.) instruction manuals;
e.) newsletters with restricted circulation intended to be restricted to fee paying clientele; or
f.) business cases which are made available for purchase.

All copies made pursuant to Parts II, III and IV of these guidelines shall contain on at least one page the copyright symbol ©, the name of the author or artist (where known), the title of the publication from which the copy was made, the name of the publisher of that publication and the following statement:

This copy is made solely for the use by a student, staff member, faculty member, or library patron for research, private study, review, criticism or news reporting. Any other use may be an infringement of copyright if done without securing the permission of the copyright owner.

University staff shall use reasonable efforts to guard against systematic, cumulative copying from the same work which in total exceeds the portion of the work that may be copied pursuant to these guidelines and to ensure that the number of copies made complies with this policy. If university staff suspects that a student or faculty member is engaged in systematic, cumulative copying the matter must be referred to the university staff member responsible for administering this policy or his or her delegate for review, and any further requests from that student or faculty member for a copy may be refused.

Requests for the making of copies which fall outside these copying guidelines and requests for the making of copies of unpublished works may be referred to the university staff member responsible for administering this policy or to his or her delegate for evaluation. A determination will be made as to whether the proposed copies are permissible in all the circumstances relating to the requests and may ultimately be refused.

Copies may only be made where there is no motive of gain. It is the responsibility of the person making the copy to avoid infringement under the Copyright Act. Memorial University is not responsible for any acts that infringe copyright. For a more detailed description of the limitations on fair dealing, contact the Copyright Office.

PAPER COPIES MADE FOR PLACING ON RESERVE

This policy applies to paper copies made by a staff or faculty member for library reserve. One paper copy for each 30 students in a course of instruction up to a maximum of 3 may be made onto paper pursuant to the Copying Guidelines for library reserve subject to the following safeguards:

a.) the paper copies are made by or at the request of a faculty member in respect of a specific course of instruction offered by the university;
b.) the paper copies are made as an optional and supplementary source of information for students and must be a small proportion (less than 25 per cent) of the required reading for a particular course; and
c.) the unit making the copy has received, from the faculty member requesting the copies, a written acknowledgement in paper or electronic form confirming that the copies are intended as an optional and supplementary source of information for students and that the copies amount to less than 25 per cent of the required reading for the course.

Please note that the library may adopt more restrictive policies in order to avoid infringement and manage the process effectively. For the library policy in this area, click here.

Copies may only be made where there is no motive of gain. It is the responsibility of the person making the copy to avoid infringement under the Copyright Act. Memorial University is not responsible for any acts that infringe copyright. For a more detailed description of the limitations on fair dealing, contact the Copyright Office.

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