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In Progress - NEW Access Services Manual

FERPA

FERPA

 

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

In the library we protect all our patrons' information, we do not disclose anything concerning patron accounts (including contact information, check out history, bills etc.).  If there is a question or problems arise concerning any of our patrons' information, refer them to a supervisor immediately.

Copyright

Copyright

Everyday copyright law affects the way libraries provide information to their users. The first sale doctrine enables libraries to lend books and other resources. Fair use allows for the use of copyrighted works for purposes of criticism, comment, news reporting, scholarship, or research. Libraries are permitted to make reproductions of copyrighted works for preservation and replacement purposes. And under copyright law, libraries can aid in the transformation and reproduction of copyrighted works for users with disabilities. 

Fair use is determined by a balanced application of four factors: (1) the purpose of the use; (2) the nature of the work used; (3) the amount and substantiality of the work used; and (4) the effect of the use upon the potential market for or value of the work used.

If any questions arise or a situation is unclear, ask a supervisor immediately.  

 

Purpose of use: 

Yes No

Educational:  Teaching: Research;

Criticism; Comment

 Commercial, entertainment or other

Transformative or Productive use

(changes the work to serve a new purpose)

 Non-Transformative, verbatim/exact copy
Nonprofit Use Profit-generating use

 

Nature of the material:

Yes No
Factual, nonfiction, news                           

Creative work (art, music, fiction),

or Consumable work (worksheets, tests)
Published works Unpublished work

 

Amount Copied:

Yes No

Small Quantity (example: a single chapter or journal article

or other excerpt consisting of than 10% of the work)

 Large Portion or entire work
Portion used is not central to entire work Portion used is central or the "heart" of the work
Amount is appropriate to education purpose Includes more than is necessary for education purpose  

 

Effect on the Market of the Original:

Yes No

No significant effect on the market or potential market for the work

Cumulative effect of copying would be to 

substitute for purchase of the original work
One or few copies made and/or distributed Numerous copies made and/or distributed
No longer in print; absence of licensing mechanism

Reasonable available licensing mechanism for obtaining

permission to use the copyrighted work currently available

e.g. CCC licensing or off-prints available

Restricted Access (limited to students in a class or 

other appropriate group)

Will be making it publicly available on the Internet or using other

means of broad dissemination
One-time use Repeated or long-term use

*Adapted from material available at Cornell University Library

USA PATRIOT Act

USA PATRIOT Act

 
What is the USA PATRIOT Act?

The “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” Act, or USA PATRIOT Act, was introduced less than a week after September 11, 2001, and was signed into law on October 26, 2001.

The bill broadly expanded law enforcement’s surveillance and investigative powers and amended more than 15 different statutes, including the Electronic Communications Privacy Act of 1986 (ECPA), the Computer Fraud and Abuse Act (CFAA), the Foreign Intelligence Surveillance Act (FISA), and the Family Education Rights and Privacy Act (FERPA).

Among other things, the USA PATRIOT Act’s intent was to update wiretap and surveillance laws for the Internet age, addressing real-time communications and stored communications (e-mail, voicemail), and to give law enforcement greater authority to conduct searches of property.

President Bush signed the USA PATRIOT Act reauthorization legislation, which differs somewhat from the original legislation into law on March 9, 2006. A sunset of December 31, 2009, was established for Section 215 of the USA PATRIOT Act, commonly referred to as the “library provision.”

Why does it matter to libraries?

Libraries provide a place to exercise intellectual freedom: a free and open exchange of knowledge and information where individuals may exercise freedom of inquiry as well as a right to privacy in regards to information they seek. Privacy is essential to the exercise of free speech, free thought, and free association. In a library, the subject of users' interests should not be examined or scrutinized by others.

ALA believes certain sections of the USA PATRIOT Act endanger constitutional rights and privacy rights of library users. Libraries cooperate with law enforcement when presented with a lawful court order to obtain specific information about specific patrons; however, the library profession is concerned some provisions in the USA PATRIOT Act go beyond the traditional methods of seeking information from libraries.

For additional information on how the USA PATRIOT Act affects intellectual freedom, visit the Office for Intellectual Freedom website, especially their Privacy and Confidentiality section. ALA’s Resolution on the USA PATRIOT Act and Libraries is a useful resource.

Why is the ALA involved with the USA PATRIOT Act and other surveillance issues?

Protecting patron privacy and the confidentiality of library records are deep and longstanding principles of librarianship that guide ALA’s legislative and policy activities on privacy issues. The freedom to read is an inherently important part of our First Amendment rights and civil liberties.

These principles have been articulated in key resolutions passed by ALA and include numerous statements regarding the USA PATRIOT Act, national security issues and other federal surveillance and privacy policies. Prior to the PATRIOT Act, these principles were articulated through existing laws, still on the books in 48 states and the District of Columbia to protect the confidentiality of library records. Two additional states have similar policies established by letters from their attorney generals. Also, during the ALA annual conference in July 2005, ALA passed a resolution urging Congress to allow Section 215 of the USA PATRIOT Act to sunset.

CONTU Guidelines

CONTU Guidelines

 
 
 
  • CONTU Guidelines for copying from periodicals apply only to materials less than five years old (referred to as part of the "rule of five").
  • Up to five articles may be copied from a single periodical in one calendar year under the ILL provision (referred to as part of the "rule of five").
  • A library with a subscription for a periodical which is not immediately available may consider a copy obtained from another library as if made from its own collection.
  • All ILL requests must be accompanied by a copyright compliance statement from the requesting library. The requesting library must maintain records of all requests and of their fulfillment. These records must be kept for three calendar years after the request has been made.
  • No more than six copies of articles/chapters/small portions may be made from a non-periodical (including a book) during the entire term of copyright of the work.
  • For copying beyond the CONTU Guidelines, the library may need to obtain copyright permission directly from the copyright holder or from a representative such as Copyright Clearance Center.