Policy on Use of Materials

The Center for Popular Music maintains and regulates the use of materials within its collections according to professional standards and rights and regulations of the law. The Center’s policy on the use of its materials intends to encourage public access to collection materials while maintaining optimum care of those materials.

Research materials are made available to patrons on equal terms. All Center materials are non-circulating, but may be accessed in the Reading Room for research and scholarly pursuits. Access is subject to appropriate care and handling by the researcher, the item’s physical condition, copyright law, and any restrictions placed on materials by donors, depositors, or the Center itself for preservation, processing, or other administrative reasons. In the case of a violation of these policies, the Center reserves the right to deny access to materials.

Citing CPM Materials

Materials in the Center that have informed the work of scholars and students should be cited appropriately. A credit line should identify Center collections utilized in the research. The recommended format is:

From the [specified collection], Center for Popular Music, Middle Tennessee State University.

An example would be:

From the Kenneth S. Goldstein Collection of American Song Broadsides, 
Center for Popular Music, Middle Tennessee State University.

Copyright Restrictions

Receipt of photocopies or surrogate images does not convey copyright. The Center does not claim to hold the copyright to all Special Collection materials. Some manuscript collections require permission from the copyright holder for research copies. Furthermore, manuscript and audio collections may have yet other copyright or other reproduction restrictions placed on them. It is the user’s responsibility to make sure that all necessary permissions are obtained from the copyright holder. Copies of such materials in any format may not be further reproduced, sold, shared, or given to another person, company, or institution. It is the Center’s policy not to permit copies of its original materials to be deposited permanently in other repositories.

The Copyright Law of the United States (Title 17, sections 107 and 108) governs the making of photocopies or other reproductions of copyrighted material. Section 107 specially addresses the principle of “fair use,” under which conditions libraries and archives are authorized to furnish a photocopy or other reproduction for the purpose of criticism, comment, news reporting, teaching, scholarship, or research. A specific condition is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research.” In determining whether the photocopy or reproduction of a work in any particular case falls under the principle of “fair use,” factors to be considered shall include — 

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

If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “fair use,” that user may be liable for copyright infringement. The Center reserves the right to refuse a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.

The Center for Popular Music follows the guidelines regarding copyright law and fair use in music adopted by the Music Library Association. 

Indemnification

Patrons will defend, indemnify, and hold harmless the Center for Popular Music and Middle Tennessee State University, its board of regents, its officers, employees, and agents against all claims, demands, costs, and expenses including attorneys’ fees incurred by copyright infringement or any other legal or regulatory cause of action arising from the use of Center for Popular Music materials.

NOTICE WARNING CONCERNING COPYRIGHT RESTRICTIONS

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. 

Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specific conditions is that the photocopy or 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 photocopy or reproduction for purposes in excess of “fair use,” that user may be liable for copyright infringement.

This institution reserves the right to refuse a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.