Libraries' Copyright Policy
As a non-profit and academic organization, the AAU exists to advance knowledge through research, to disseminate knowledge through teaching, and to provide services to its community for continued learning. Therefore, reproductions of information resources made for patrons with university identification can be assumed to be for fair use and non-commercial purposes. The Library collections contain scholarly materials intended for the academic community and as such are of a nature most appropriate to claims for fair use.
PURPOSE OF POLICY
This policy is intended to serve as an in-house guide concerning the reproduction of library materials in Al-Ain University Libraries, in accordance with the UAE federal Law No. (7) of the year 2002, concerning copyrights and neighboring rights.
LIABILITY OF LIBRARY EMPLOYEES
1. Unsupervised Reproduction: Liability for copyright infringement may not be imposed on a library or its employees for unsupervised use of reproducing equipment located on its premises, provided that such equipment displays a notice that
making copies may be subject to copyright law.
2. Supervised Reproduction: Libraries units will review this policy and determine that they are not in violation of copyright law before requesting that copies be made. The Photocopy Center shall use this policy to review requests from other university departments and personnel.
It shall be the responsibility of AAU Libraries to review all photocopy requests for copyright compliance before submitting material to Photocopy Center. Therefore, libraries' requests received by Photocopy Center will be assumed to be in compliance with Libraries’ copyright policy and will be filled accordingly.
Photocopy Center staff will consider AAU University patron requests for photocopies to be permissible as fair use, provided that the following criteria are met:
1. Use is academic in nature, for non-profit, educational purposes.
2. Purpose is to make material available for study at patron's convenience.
3. Request is for a single copy of one original, as opposed to multiple copies of the same original.
At the request of a faculty member, photocopies of articles or chapters of books may be placed on reserve. Under the guidelines of the UAE copyright law No. (7) of the year 2002, photocopies of these materials may be made without requiring permission from the copyright owner.
Material that has been photocopied by the libraries for the express purpose of being put on reserve will be the property of the libraries and will be retained for a specified period of time. If the material has not been requested during that time, it will be destroyed.
AAU Libraries Circulation Departments adhere to the fair use guidelines in providing photocopies to AAU University community. In line with the guidelines, Circulation Departments will provide an individual member with one copy of any article(s) or chapter(s) needed from a publication.
AAU Libraries endeavor to provide maximum participation in the interlibrary loan process for both AAU users and for other libraries that ask us to provide materials to fill their users' requests. At the same time, the libraries attempt to follow the guidelines as mentioned in the UAE copyright law.
1. Borrowing: All requests for materials not available in the AAU libraries should be referred directly to Circulation Department to determine whether such requests can be met. The Circulation Department will make every attempt to obtain material not owned by AAU libraries but needed by eligible AAU users without violating copyright law.
2. Lending: we will respond to any request for a photocopy of an article as long as copyright compliance is indicated by the requesting library. We will assume that the requesting library is taking responsibility for both the nature and the amount of the material it is requesting.
3. In the case of requests for dissertations and theses done at the AAU, the Circulation Departments will lend non-archival copies of these materials. If a requesting library wishes to purchase copies of dissertations or theses done, the Circulation Departments will direct the requesting library to purchase the material from the University.
According to UAE copyright law No. (7), libraries and archives are permitted to take a sole copy of a work for the purpose of preservation. AAU libraries will observe the following conditions before reproducing library materials for preservation purposes:
1. Material comes from collections that are open to the public.
2. Reproduction is made with no purpose of commercial advantage.
3. Notice of copyright is included in the reproduction.
4. For published works not in the public domain, a suitable replacement at a fair price will be sought, and reproduction undertaken only if an acceptable replacement is unavailable.
AAU libraries follow general copyright policy for all non-book items except under the special circumstances noted below.
A. Video/Film/Sound Recordings
1. Complete copyrighted works or substantial portions will not be duplicated. If the material is out of print or no longer available at a fair price, duplication is allowed. Duplication is also allowed in accordance with numbers 2 and 3 below.
2. Portions of commercially acquired copyrighted works may be copied for instructional purposes. The amount and substantiality of the portion used in relation to the copyrighted work as a whole must be considered in determining whether the use of the excerpt constitutes fair use. Excerpt tapes (video/audio) produced by the AAU libraries are the property of AAU libraries and must be returned after class use.
B. Computer Software
The term computer software applies to all software for microcomputers, minicomputers, or any other device, and includes the software documentation. AAU libraries will make a back-up copy of any software it has purchased. The original then serves as the archive copy, while the back-up copy becomes the service copy.
When a product acquired by AAU libraries is accompanied by a license agreement (particularly when signatures are required), it should be clearly understood that the AAU libraries, in most instances, are not acquiring ownership of the material but are instead acquiring only the rights, as set forth in the terms of the license agreement, to use the product.
Terms set in license agreements are those of the publisher or distributor. AAU libraries are not required to accept these terms as stated but can instead negotiate mutually acceptable terms with the publisher and distributor. If a license agreement cannot be mutually agreed upon and the libraries cannot abide by the terms set forth, the only option is not to acquire the product.