Copyright and Using E-Resources

You have one free hour. You need to use a database. And the unthinkable happens… Access Denied!

You may have had this experience when a database, electronic book, or electronic journal was been “shut off” due to violations of the library's license with the database vendor.

Access to these electronic resources is governed by copyright laws and licensing agreements. The library is responsible for negotiating licensing agreements with various publishers/vendors and must obey the copyright laws.

You, as the user, also have an obligation to abide by these licensing agreements and copyright laws.

Printing or downloading electronic information are both "making a copy" of the information.

The Copyright Law of the United States (Title 17 U.S. Code) and regulations issued by the Copyright Office govern the copying of copyright materials, including electronic information products and software. This law is difficult to interpret, and many disputes are only resolved in the courts. To encourage scholarship and the development of new concepts and ideas, limited or "Fair Use" of copyrighted materials is permitted under the law.

According to the Copyright Law of the United States (Title 17 U.S. Code): Fair Use Information, four factors are considered when determining whether or not a particular use is fair.

“the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.”

With regard to the third point, the “ amount and substantiality of the portion used in relation to the copyrighted work as a whole”…

There is no specific number of words, lines, or notes that may safely be taken without permission. License agreements with database producers commonly include language that states the user may copy or download limited, reasonable, or discrete portions of information. This fairly vague terminology gives both institutions and vendors/publishers a little leeway to use their best judgment.

However, there are a few guidelines that can be followed to help prevent copyright/license infringement:

Limit copies to:

A SINGLE CHAPTER or MONOGRAPH in a book or database (e.g.: Natural Medicines, Clinical Pharmacology , MICROMEDEX). You may NOT download several monographs or a significant amount of a database.
One or two ARTICLES from a single journal. You may NOT copy every article in a journal!
One chart, graph, illustration from a book, journal, or database.

If you think you need to copy or download more than what the above guidelines say, please see a librarian.

Also keep in mind that acknowledging the source of the copyrighted material does not substitute for obtaining permission.

More information about copyright

Fair Use information from the US Code

http://www.copyright.gov/title17/92chap1.html#107

http://www.copyright.gov/fls/fl102.html

MCPHS Copyright Information Subject Guide

U.S. Copyright Office

Or contact:

Joan ne Doucette, Copyright Clearance Services, 617-732-2805
Pat McNary, Electronic Resources, 617-732-2810

We thank you very much for your attention to this topic and your adherence to the Copyright Law.