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Additional Information on Copyright

The USM Libraries provide this information on Fair Use and Educational Use
as a service to patrons in determining the appropriate use of an item,
but that determination ultimately rests with the patron.


Copyright Statement Index
The resources provided by the Special Collections Digital Lab are made available for the specific purposes of research, teaching, and personal study. Under Fair Use, users may make a single reproduction (print or download) for these purposes, on the condition that they adequately attribute credit to The University of Southern Mississippi Libraries in any resulting works (see guidelines for citation).

Under U.S. Copyright Law (Title 17, U.S.C.) unpublished works created prior to 1978 are automatically given Federal copyright protection until December 31, 2002. Thus, use of resources from the Digital Lab's collections for publication, broadcast, mirroring, or other applications not considered Fair Use requires permission of the copyright holder.

It is the sole responsibility of the user to identify and secure permission from the copyright holder to make reproductions of copyrighted resources. Recipients of resources agree to indemnify and hold harmless The University of Southern Mississippi, its officers, employees, and agents from and against all suits, claims, actions, and expenses arising out of the use of reproductions provided by the USM Libraries.

The University of Southern Mississippi's Special Collections Digital Lab can provide digital images of specific items that are of much higher quality than those provided via the Internet for use in publication or broadcast. Advance permission of the copyright holders and resolution of privacy concerns are conditional to receiving such images. The University of Southern Mississippi reserves the right to refuse to provide a reproduction for a user if, in its judgment, fulfillment of the request would involve violation of copyright law.


Citation Guidelines Index
When using materials from the digital archives, please provide a complete citation containing the following information:
• Name of the specific archives (i.e., Civil Rights in Mississippi Digital Archive)
• URL of resource
• Name of source collection (i.e., Will D. Campbell papers)
• McCain Library & Archives, University of Southern Mississippi


Security Index
Materials provided as view-only files are not to be reproduced without express permission from the copyright holder. Disabling or circumventing security measures put in place by the University of Southern Mississippi may violate federal or other statutes and may subject the violator to criminal and civil penalties. In the event of unauthorized intrusion, all relevant information regarding possible violation of law may be provided to law enforcement officials.


United States Copyright Law Index
The copyright law of the United States (Title 17, U.S.C.) governs the making of photocopies or other reproductions of copyrighted material. As of April 1999, the law was amended from its 1976 status with the inclusion of the Digital Millennium Copyright Law and the Sonny Bono Term Extension Act.

Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the reproduction is not to be used for "any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a reproduction for purposes in excess of Fair Use, that user may be liable for copyright infringement.


Fair Use (17 U.S.C. § 107) Index
According to United States copyright law, the determination of Fair Use is subject to the following factors:
• Purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit education purposes;
• The nature of the copyrighted work;
• The 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.

The fact that a work is unpublished shall not itself bar finding of fair use if such finding is made upon consideration of all the above factors.


Educational Use Exemptions (17 U.S.C. § 110) Index
Section 110 (1) exempts from infringement liability the performance or display of a copyrighted work in the course of face-to-face teaching activities by a nonprofit educational institution in a classroom or similar setting.

Section 110 (2) exempts from liability the transmission of a performance or display of a copyrighted work if (1) the performance or display is a regular part of the systematic instructional activities of the nonprofit educational institution; (2) the performance of display is directly related and of material assistance to the teaching content of the transmission; and (3) the transmission is made primarily for reception in classrooms or similar places or by persons to whom the transmission is directed because of their disabilities.


Additional Information on Copyright Index
More complete information on copyright is available online at the following sites:

United States Copyright Office ( http://lcweb.loc.gov/copyright/)

Copyright Law, Title 17, U.S.C. ( http://www.loc.gov/copyright/title17)

Indiana University-Purdue University Indianapolis Copyright Management Center
( http://www.copyright.iupui.edu/)

University of California, San Diego "Copyright Considerations"
( http://scilib.ucsd.edu/electclass/CopyrightTips.html)

Stanford University Libraries, "Copyright and Fair Use"
( http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/)




Revision date: October 22, 2003

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