The primary function of the University Libraries is to contribute to the University’s teaching and research functions by providing library resources, facilities, and services to meet these needs. The Libraries strive to be aware of and responsive to current and future developments in the provision of information services as they relate to the University’s mission. In addition, the Libraries seek to meet the intellectual and cultural needs of the community, and to provide access to U.S. government information consistent with the mandates prescribed to Federal Depository Libraries.

Langston University Libraries

General Policies

I. Intellectual Freedom

The principles of intellectual freedom as outlined in the Library Bill of Rights and the Freedom to Read Statement of the American Library Association will be adhered to in the selection of library materials. It is the responsibility of the librarians selecting materials to insure that all points of view are represented in the collection, and that materials are not removed from the collection because of partisan or doctrinal disapproval.

See:

Library Bill of Rights: www.ala.org/alaorg/policymanual/intellect.html

Access to Electronic Information, Services, and Networks: www.ala.org/alaorg/oif/electacc.html

Freedom to Read Statement: www.ala.org/alaorg/oif/freeread.html

II. Copyright

The Langston University Libraries abide by all regulations of relevant sections of the Copyright Law of the United States [Title 17 of the U.S. Code].

III. Computer Laboratory

The Microcomputer Laboratory in the G. Lamar Harrison Library is open to all members of the Langston University Community. The lab closes 15 minutes prior to the closing of the Library. The lab currently has software to support business and academic functions such as: word processing, database management, spreadsheets, graphics, and multimedia. The lab also provides access to the Internet. A networked laser printer serves the needs of lab patrons.

IV. Facilities

Questions concerning Library facilities may be directed to the relevant Library’s administrative staff.

V. Events

Requests to hold events in a Library facility should be directed to the Library Director.

VI. Filming/photography

Individuals who wish to film or take photographs within a Library facility must obtain the permission of the Library Director. Such requests will be accommodated only if it is determined they will have minimal impact on the research and study environment of the Library.

VII. Food and drink

Food and drink are prohibited in all Library facilities. This prohibition is necessary to provide for the preservation of the Libraries’ collection by reducing the attraction that such materials provide for pests, and to maintain a sanitary research and study environment. An exception to this policy is provided for the staff

VIII. Literature distribution, Solicitation

Display of posters, distribution of literature, or solicitation are prohibited in Library facilities without prior permission.

IX. Securit y

Identification

In the event of unusual activities or disturbances in the Library, any person perceived to be a participant in such activities may be asked by Library staff, and/or security personnel to show identification. If the person refuses to comply, Campus Security will be called.

Trespass

Only authorized persons are allowed in University Library facilities during non-business hours. In the event of suspected violation of this policy, Campus Security will be called to investigate the circumstances.

Campus Security

In the event of fire, tornadoes or other emergency situations, Library staff will alert building occupants to the procedures for safe evacuation or appropriate locations to seek shelter.

Call X5555 in case of fire or medical emergency, of if law enforcement assistance is needed.

Campus Security should be called anytime there is a disturbance or suspicious activity.

Smoking

In accordance with University policy, Library facilities are non-smoking environments.

Noise

In order to maintain a quality study environment, all individuals are asked to please be considerate of others and keep noise levels down. If the patron does not comply with requests to reduce noise, Library staff will call Campus Security to have the patron removed.

Langston University Libraries

Intellectual Freedom

The principles of intellectual freedom as outlined in the Library Bill of Rights, Access to Electronic Information, and the Freedom to Read Statement of the American Library Association will be adhered to in the selection of library materials. It is the responsibility of the librarians selecting materials to insure that all points of view are represented in the collection, and that materials are not removed from the collection because of partisan or doctrinal disapproval.

I. LIBRARY BILL OF RIGHTS

The American Library Association affirms that all libraries are

forums for information and ideas, and that the following basic

policies should guide their services.

1. Books and other library resources should be provided for

the interest, information, and enlightenment of all people of the

community the library serves. Materials should not be excluded

because of the origin, background, or views of those contributing

to their creation.

2. Libraries should provide materials and information

presenting all points of view on current and historical issues.

Materials should not be proscribed or removed because of partisan

or doctrinal disapproval.

3. Libraries should challenge censorship in the fulfillment

of their responsibility to provide information and enlightenment.

4. Libraries should cooperate with all persons and groups

concerned with resisting abridgment of free expression and free

access to ideas.

5. A person's right to use a library should not be denied

or abridged because of origin, age, background, or views.

6. Libraries which make exhibit spaces and meeting rooms

available to the public they serve should make such facilities

available on an equitable basis, regardless of the beliefs or

affiliations of individuals or groups requesting their use.

Adopted June 18, 1948; amended February 2, 1961, and January 23,

1980, by the ALA Council.

Information provider:

Unit: American Library Association (ALA)

Email: Edward.Valauskaus@ala.org

Posted: 1994-04-15

Langston University Libraries

Circulation Policy

I. Circulating materials

All students, faculty and staff may borrow circulating materials from the University Libraries. A Langston University ID card with current validation must be presented at the Circulation desk each time materials are borrowed. This is for the user's protection since the user is responsible for all items checked out in his or her name.

Materials may be renewed once unless a hold has been placed on the item. For overdue materials, the patron will be assessed a fine of $.10 per day, not to exceed $10.00 per item. Lost and damaged materials will be charged to the patron's financial account. Un-returned items will be declared lost after three (3) months past their due dates. Students who have unpaid library fines of $10.00 will not be allowed to check out materials until fines are paid.

When library users need items that are on loan, the circulation staff will recall those items as soon as the loan period has ended. If the desired item is in a renewal period, it will be recalled immediately. Overdue charges for any item that is recalled and not returned within three (3) days will be assessed at a rate of $1.00 a day. The fine will continue to accrue until the book is returned at which time the amount due will be added to the patron's financial account. These charges will be assessed to all patrons.

All faculty loans for books are for a full semester. A reminder will be sent prior to the end of the semester to all faculty members with books coming due to return those items. Faculty members are exempt from overdue fines unless the item is placed on recall, then all applicable fines of $1.00 a day will be assessed. Items checked out to faculty members may be recalled after two weeks of the loan period. Un-returned items will be declared lost after three (3) months past their due dates. A replacement cost will be assessed for each item lost by a faculty member. The names of faculty with lost materials will be given to the Fiscal Affairs office when materials are declared lost.

a. Audiovisual materials

Audiovisual materials are housed at the Black Heritage Center on the Langston University Campus. The collection consists of video cassettes, 16mm films, filmstrips, slides, records, audiocassettes and music CDs. AV equipment for viewing films, filmstrips, slides, and an overhead projector are available for faculty use. Langston faculty may borrow any available item in the AV collection and the related equipment to show it to a class with a 24-hour advance reservation. Faculty, students and staff may borrow records, CDs and CD players and audiocassettes and players as available. Phonograph players and VCRs are not available for loan. Computer CD-ROMs with accompanying texts will circulate with the text. Other computer CD-ROMs will circulate for two weeks. Fines will be assessed for overdue audiovisual materials and equipment at $1.00 per day per item for all patrons. Replacement of lost or damaged AV material and equipment will be assessed at replacement cost plus a $10.00 processing fee.

II. Checkout periods for the following patron categories are:

· Undergraduate students will be allowed to have a total of 12 items at one time.

Books - two weeks

Government publications - two weeks

Audiovisual media and related equipment (as available) - maximum of two items for three days

· Graduate students will be allowed to have a total of 15 items at one time.

Books - two weeks

Government publications - two weeks

Audiovisual media and related equipment (as available) - maximum of two items for three days

· Full-time Staff will be allowed to have out a total of 15 items at one time.

Books - two weeks

Government publications - two weeks

Audiovisual media and related equipment (as available) - maximum of two items for three days

· Faculty members will be allowed to have out a total of 20 items at one time.

Books - one semester

Government publications - one semester

Audiovisual materials and related equipment (as available) - maximum of two items for three days

· OK Share Card patrons will be allowed to have out a total of 3 items at one time.

Books - two weeks

Government publications - two weeks

· Alumni and Community patrons will be allowed to have out a total of 3 items at one time.

Books - two weeks

Government publications - two weeks

III. Overdue notices

Notices for overdue materials will be sent when an item is not returned on time. A second notice will be sent to alert the patron that fines are being assessed. Four weeks from the date due, a final notice will be sent. After 90 days materials will be considered lost and the patron will be charged the replacement cost and processing fee as stated in Item IV.

IV. Lost Library Materials

Materials will be declared lost three (3) months after the due date or if they are damaged. A fee will be assessed for the replacement of all lost or non-returned Library materials as follows:

In-print materials: A fee based on the actual cost of replacement plus a $10.00 processing fee will be assessed for library materials which are in-print, and for which the current replacement price can be verified. In addition overdue fines up to a maximum of $10.00 will be charged based on when the Library is notified of the loss.

Out-of-print materials: A fee of $63.00 plus a $10.00 processing fee will be assessed for materials for which the price cannot be verified. In addition overdue fines up to a maximum of $10.00 will be charged based on when the Library is notified of the loss.

The actual amount of the fee assessed for in-print materials will be determined by verification with Books in Print or other acquisition sources.

Paid lost book charges will be refunded for up to six (6) months after the payment is made. The refund will consist of the cost of the book only. The Library will not refund the processing fee or the overdue fines.

V. Non-circulating materials

Reference books, microforms, newspapers, and current and back issues of periodicals are for use in the library only and may not be checked out. An exception may be made for faculty members and administrators when necessary. Exceptions for lending non-circulating materials can only be made by library faculty at the G. Lamar Harrison Library and the Curator of the Melvin B. Tolson Black Heritage Center. No exceptions will be made for special collection items.

VI. Reserve materials

Items placed on reserve must meet Fair Use guidelines of the Copyright Law (Title 17 section 107, United States Code). Items are placed on reserve by faculty to allow controlled access to materials needed for class assignments. A current Langston University ID must be presented to checkout reserve materials. Unless otherwise noted, the standard loan period is two hours and materials may not be taken from the library. Overdue reserve materials are assessed a fine of $.25 per hour. Lost books will be treated in the manner of all lost books. Replacement costs photo copied materials is $10.00.

VII. Privacy of Library users

In accordance with Oklahoma law [Section 1, Chapter 81, O.S.L 1985 (65 O.S. Supp. 1985, Section 1 - 105)] it is the policy of the Langston University Libraries that the privacy of all borrowers of library materials will be respected. The Libraries will not reveal names of individual borrowers, nor reveal what books are charged to any individual, "…except to: 1. Persons acting within the scope of their duties in the administration of the library;…"

See also: http://www.ala.org/alaorg/oif/pol_conf.html

VIII. Theft, mutilation, and destruction of library materials

Langston University Libraries report incidents of attempted theft or mutilation of library materials to the University Library Committee. The University Library Committee has the authority to assess fines up to $50.00 for such offenses. Patrons may appeal their cases to the Library Committee.

Oklahoma state law (21 O.S. Supp. 1988, Sec. 1739) makes theft or destruction of library materials a crime. Any person shall be guilty, upon conviction, of library theft who willfully:

1. Removes or attempts to remove any library materials from the premises of a library facility without authority; or

2. Mutilates, destroys, alters or otherwise damages, in whole or in part, any library materials; or

3. Fails to return any library materials which have been lent to said person by the library facility, within seven days after demand has been made for the return of the library materials.

Punishment for conviction of library theft shall be restitution and/or a fine of up to $10,000.

IX. Interlibrary Loan Services

Interlibrary loan is a service by which materials not owned by the Langston University Libraries can be borrowed from another library. Books and articles from journals not owned by the Langston University Libraries may be requested through interlibrary loan. The conditions of this service are set by the Interlibrary loan code of the American Library Association, and the regulations of each lending library.

Students, faculty and staff may request items through interlibrary loan with a current Langston University ID. Persons who consistently abuse circulation and interlibrary loan privileges, however, may be refused service.

Normally, Langston University Libraries attempt to obtain interlibrary loans services without a fee attached. In the event that the only available source of a particular request has a fee, the borrower will be notified and given the option of obtaining this source. Patrons requesting items that have fees attached must pre-pay the full amount to the Business Office prior to the item(s) being ordered.

Most materials arrive in 7 to 10 working days, depending upon the nature of the material requested and the geographic location of the lending library. Requests will be processed and sent as quickly as possible. If deadlines cannot be met, the patron will be notified accordingly.

An individual interlibrary request form must be filled out for each book or article desired. For books, accurate citation of author, title, date, publisher and place of publication is essential. Requests for journal articles must include the full title of the periodical, the volume number, year, pages required, and the author and title of the article. Listing the source of the reference is often helpful and can prevent delays in acquiring the materials. Request forms are located at the Circulation Desk.

Patrons will be notified by phone or mail when the material requested is available. Material may be picked up at the Circulation Desk.

The Langston University Libraries do not loan the following materials: parts or complete sets of multi-volume sets, textbooks for classroom use, audio-visual materials, reference materials, or periodicals.

Lending libraries state the terms of a loan, and the borrower must abide by these terms. Loaned materials must be returned promptly to avoid jeopardizing our relations with the lending library. Patrons will be notified in writing of over due books within five working days past the due date. Books which are not returned within five additional days will be assessed fines of a minimum of $1.00 per day beginning 5 days past the due date. Faculty and staff members are not exempt from this fine. Books not returned within two weeks of their due dates will be considered lost and patrons (students, staff and faculty) will be fined for the replacement cost of these items as determined by the lending libraries. Students who have unpaid library fines will be placed on a Bursar’s hold until such fines are cleared. Because libraries generally do not loan the following materials, we cannot request: multi-volume sets, textbooks for classroom use, audio-visual materials, reference materials and entire issues of periodicals.

The Copyright Law [Title 17, section 107, “Fair Use,” and section 108, “Reproduction by libraries and archives,” U.S. Code] governs the making of photocopies or other reproductions of copyrighted materials by libraries and archives. In addition, the National Commission on New Technological Uses of Copyrighted Works (CONTU), an advisory committee to Congress, made recommendations on the rights of reproduction and distribution of copyrighted materials by libraries and developed a set of specifications known as the CONTU Guidelines. (See: Appendix A) These guidelines were instituted to insure that both the principle of Fair Use and the rights of copyright proprietors were protected. The guidelines are a nationally accepted standard for evaluating a library’s compliance with the intent of Title 17, section 108 (g)(2) of the U.S. Code. Langston University Libraries will insure that these laws and guidelines are given full consideration when writing policies and procedures for the Libraries. The University Libraries reserve the right to refuse to accept a copying request if fulfillment of the request would violate the Copyright Law.

Langston University Libraries

Collection Development Policy

I. Libraries’ mission statement.

II. Purpose of a collection policy.

The collection development policy provides guidelines for the selection of materials, descriptions of individual collections, and general information about the maintenance of the Libraries’ collections. The policy is a planning device and an avenue of communication between the Libraries and the user community. A collection policy helps selectors make the best possible use of the Libraries’ finite resources.

III. Collection development responsibilities

Members of the library faculty have responsibility for selection of library materials in specific subject areas, and make the final decision on additions to the collection. Library faculty members work in consultation with academic faculty, student groups, and other community members in determining materials to be considered for selection. Requests and suggestions will be evaluated against present collections, academic programs of the University, research activities of the faculty and the need to equitably allocate the moneys available for materials purchase.

IV. Selection criteria

In consideration of the acquisition of library materials, the following points are considered:

A. The relationship of the material to the curricula and research agenda of the University, and usefulness to the Libraries’ user community;

B. Authority of the author;

C. Reputation of the publisher;

D. Timeliness or permanence of the resource;

E. Quality of the writing or production;

F. Accuracy of the information;

G. Language of the publication (English preferred except for programs which require foreign languages);

H. Relation of the material to other resources in the collection;

I. Price (both purchase price and costs of maintenance and storage);

J. Availability of the same or similar material in the geographic area;

K. Implications for preservation.

V. General Guidelines

Foreign language publications

The Libraries acquire foreign language materials to support the foreign language courses taught at the University. These materials normally include literary works, selected newspapers and magazines, dictionaries, encyclopedias, and indexes. Materials to support other courses are purchased in English.

Retrospective purchases and out-of-print materials

The Libraries will not normally make retrospective purchases or search for out-of-print materials. Because of space and financial limitations the Libraries cannot strive to support a comprehensive historical collection of research materials.

Duplicates

The general library policy is to purchase one copy of a title. Requests for multiple copies are considered by the Library’s selectors on an individual basis.

Replacement

Titles in the collection reported missing will be promptly replaced if needed for teaching or research, if they are still obtainable. Items not needed for teaching or research will be replaced on a case by case basis determined by the selection criteria and availability.

Gifts

The Langston University Libraries will accept all gifts of library materials offered to them with the understanding that there are no conditions attached to their disposition. The Libraries will evaluate and add to their collections materials which are in good physical condition and which conform to the Libraries’ Collection Development Policy. Gifts which are not appropriate to the Libraries’ collections or which duplicate existing materials will be offered to other libraries or community groups, or discarded.

Some reasons for not adding a publication to the collections:

1) Item is in poor physical condition.

2) Publication has been superseded.

3) Duplicates library’s holdings.

4) Incomplete run of journal or magazine title.

5) Falls outside the parameters of the Library’s collection.

All gifts will be acknowledged by the Director of the University Libraries. The University’s Development Foundation will be notified of all gifts.

The acknowledging letter serves as an assurance to the Internal Revenue Service that

the donor did indeed give certain materials to the Langston University Libraries.

For book appraisal services, consult the yellow pages of the Oklahoma City or Tulsa

telephone directories under “Book Dealers - Used & Rare”.

Withdrawal

Periodically the collection will be systematically examined for material to be withdrawn. Candidates for disposal include materials which no longer support the curricula, superseded editions, duplicate copies no longer needed, alternative formats, out-of-date textbooks, and materials in poor condition. Procedures may include consultation with faculty and selectors, analysis of the amount and date of circulation, available shelf space, and comparison of holdings with other regional libraries. The last is particularly important in the case of serials when holdings can be consolidated at one location.

VI. Types of materials

General collection

Selection responsibility for items designated for the general collection rests upon the Libraries’ faculty. The Libraries’ selectors review new requests from the University faculty and others, evaluate them on the basis of the present collection, University curricula, and selection criteria, and consult with the requester regarding items not meeting these criteria. Monographs which cost more than $100.00 will be subject to additional review.

Special print formats

1. Serials: Selection criteria stated in Section V. apply to serials. Because serial purchases involve continuing expenditures, made more critical by progressive price increases, and the procurement of microform editions, requests for new subscriptions should be forwarded by faculty to their academic deans for approval. Academic deans will discuss their recommendations with the Library Director. All requests should include a written justification for the purchase including relevance to the curricula (with specific courses named), to research projects, to the Libraries’ collections, or to the needs of the University’s community. A helpful guide to the potential usefulness of a serial title is its indexing, including both print and electronic indexing services. Current periodicals are usually acquired in print form with the intention of replacing them with a microform edition if available. Back-files, if necessary, are usually acquired in microform. Requests for new subscriptions are received by the Collection Development Librarian.

The Libraries will send a list of journal titles to academic departments for review every two or three years.

2. Newspapers: Harrison Library subscribes to the two major Oklahoma newspapers and a small selection of national newspapers. Back-files of these newspapers are retained on microform. New subscriptions must be justified by the requester in the same manner as any other serial subscription. Both general selection criteria (Section V) and serials selection criteria apply to newspaper subscriptions.

3. Maps and atlases: Harrison Library maintains a selection of maps in the Government Documents department. These maps selections are reviewed annually as part of the GPO item level review. Atlases are purchased and shelved as part of the general reference collection.

4. Archives: The Archives will acquire and preserve official records of the University that are appraised as having permanent historic, legal and/or administrative value.

Non-print formats

The same criteria (Section V) will be used for the selection of audiovisual materials and other non-print media as is used for print media: scope of curricula, faculty and student needs, quality of item, and life expectancy of the item. The non-print collection must complement, not conflict or compete with, other Library collections.

Non-print formats will include microfilm and microfiche; computer software; audiocassettes; compact discs; VHS videotapes; and other emerging formats. The format selection should reflect the quality and quantity of the equipment available for its utilization.

Textbooks

Textbooks are defined as information that is written particularly to introduce students to a subject. Textbooks will not ordinarily be acquired by the Libraries. Exceptions will be made upon specific, justified, requests.

VII. Collections

Reference

The reference collection contains encyclopedias, indexes, directories, handbooks, bibliographies, dictionaries and other materials which are generally not meant to be read consecutively, but rather to be consulted for definite items of information. The greatest concentration is placed upon those needs that arise from study and research activities directly related to the undergraduate curricula. Also, an attempt is made to acquire basic or standard reference sources which may not be directly relevant to any particular academic department or discipline, such as materials on travel, employment, consumer information and education. Reference materials are chosen by the reference librarians with assistance and suggestions from library staff, faculty, students and others.

Decisions regarding the acquisition of the materials for the reference collection are made on the basis of several criteria:

1. Purpose of the work (Reference materials are intended to be referred to or consulted rather than read through);

2. Relevance to the Libraries’ needs (Considering undergraduate curricula and demand for information);

3. Authority of the work;

4. Scope of the work;

5. Intended audience of the work;

6. Currency of information;

7. Organization of the work;

8. Local availability of the work;

9. Price of the work.

Government Documents

(For complete government regulations on collection development and withdrawal see: Instructions to Depository Libraries; Federal Depository Library Manual.

1. Purpose: As a U.S. Federal Depository Library, the G. Lamar Harrison Library collects, organizes and provides access to publications of the federal government to support the educational, research and service mission of the University and the information needs of the general public of the Oklahoma Third Congressional District.

In addition, the Langston University Libraries collect selected titles from State of Oklahoma and United Nations publications. Selection of these publications will be dependent on the same criteria as detailed in Section IV, Selection Criteria. The Government Documents Librarian will make every effort to secure this type of material directly from the issuing agency to eliminate the need to purchase it.

2. Selection authority: The Government Documents Librarian, in consultation with the Library Director and Reference Librarians, will make final decisions on selection of government publications.

3. Input: Faculty and student groups will be asked to provide input on selection decisions that will affect their area of specialty. Community leaders and groups will be questioned as to types of information useful to their needs.

4. Withdrawal: Withdrawal of depository publications from the collection will be done in conformance with sections 4-C and 4-D of GPO’s Instructions to Depository Libraries. Items must be retained five years from their date of receipt before they may be withdrawn. Each class number must be examined in relation to the main collection and the University’s curricula before withdrawal.

5. Replacement: Items missing from the collections which are deemed worthy of replacement will be considered on an individual basis using the Libraries’ selection criteria. Additional considerations will be cost, whether the item is readily available for use at nearby repositories and anticipated use by Langston University and community patrons.

6. Scope: The G. Lamar Harrison Library is a selective depository (10 to 15 percent) of U.S. Government publications through the Government Printing Office’s Depository Library Program. Depository items are selected in accordance with the “Federal Depository Library Manual—Section 4—Suggested Core Collection: Small Academic Library,” and the Libraries’ general collection development guidelines. Surveys of user communities will be conducted periodically to evaluate the need to alter the selections within the collection. The collection will be evaluated annually by the Government Documents Librarian as a part of the GPO mandated zero based review process.

7. Format: Items selected for the Government Documents collection come in a variety of formats. Selection of format is not always an option for depository libraries; many depository items are issued only in microfiche. When selection is possible, the Libraries will select formats based on value of information, costs, ease of use, available technology and anticipated use. The Harrison Library is committed to providing appropriate housing for all formats that it agrees to collect.

8. Other publications: The Government Documents Department also receives free, unsolicited, publications from other land-grant universities. These items are evaluated for their appropriateness for inclusion in the Libraries’ main collections. Those that do not meet selection criteria, but are deemed to contain information useful to the Libraries’ patrons, will be added to a database of such titles to provide a searchable form of access to them. No decision has been made on how they will be classified within this database.

Black Heritage Center

The mission of the Black Heritage Center is to acquire materials concerning the black experience in the United States and abroad; and to encourage the use of the Center’s collections through exhibitions, loans and programs. The collections include monographs, newspapers, periodicals, microform, multi-media, manuscript materials and artifacts. Collection development criteria are the same as for other units of the University Libraries. The three major areas of concentration are African history, the African-American experience in the United States, and African Americans in the humanities and arts.

VIII. Intellectual Freedom

IX. Copyright

The Langston University Libraries abide by all regulations of relevant sections of the Copyright Law of the United States [Title 17 of the U.S. Code]

X. Revision of the Collection Development Policy

The policy will be reviewed regularly and revised as needed.

Langston University Libraries

Exhibit Policy

I. Statement of Purpose

The exhibition program of the University Libraries is a cultural function of the University designed to benefit the University community and its visitors and to highlight and stimulate use of its resources.

II. Administration of Program

The exhibition program is administered by the Director of Libraries. The Exhibition Review Committee is chaired by the Curator of the Melvin B. Tolson Center, and members are appointed by the Director of Libraries. Major exhibitions are designed and installed by the Library staff with assistance from the Physical Plant when necessary. Exhibits are scheduled as far in advance as possible and are selected by the committee on the basis of proposals submitted.

III. Selection Criteria

The Langston University Libraries offer a variety of exhibitions in order to provide intellectual and aesthetic growth and enjoyment, and to foster public awareness of Library resources and cultural and artistic talent of the University community. A broad range of exhibitions, small exhibits and displays are offered.

The exhibition selection criteria are as follows:

1. Originality of exhibition content.

2. Quality of implementation.

3. Suitability of physical form.

4. Historical or educational significance.

5. Highlights or stimulates use of library resources.

6. Interest of the University community.

7. Relation to past and future library exhibitions, to insure a variety of techniques, subject or medium.

8. Relation to other exhibition in the University community presented at or about the same time.

9. The exhibition program will not support projects which are deemed to be primarily commercial in nature.

10. Free-standing exhibitions must account for traffic patterns.

11. Public safety considerations must be adhered to in the choice of each exhibition.

IV. Exhibit Approval

1. The selection and scheduling of exhibits is executed by the Curator of the Center and the Exhibition Review Committee based upon the exhibition selection criteria. Final selection of items to be exhibited is the responsibility of designated library staff.

Exhibition design and installation is a library service and must be requested through the Director of Libraries or the Curator of the M.B. Tolson Center. The written request should contain essential information about each exhibition such as the opening date, location, special environmental considerations and a complete inventory of pieces, with photos, if possible. In addition, the written request should include all copy for signage captions, and information panels, typed, proof read and checked for accuracy of information. Requests for printed collateral pieces such as brochures, catalogs, invitations, etc. should be submitted, along with complete copy, on one or more separate request forms.

2. The Exhibition Review Committee meets quarterly. Meetings are held in January, April, July, and October of each year.

3. Each potential exhibitor must submit a completed exhibit proposal form for review by the Exhibition Review Committee.

4. All exhibit proposals will be considered by the committee in the quarter in which they are submitted.

5. Exhibits must be booked in advance. Proposals must be submitted as follows:

Sanford Hall Lobby: Minimum four (4) months in advance of proposed opening date.

Harrison Library: Minimum three (3) months in advance of proposed opening date.

M.B. Tolson Black Heritage Center: Minimum three (3) months in advance of proposed opening date.

6. Appearances before the Exhibition Review Committee by the exhibitors are permitted on behalf of the exhibition proposal.

7. After a decision is made on an exhibit proposal, a letter of acceptance or rejection will be issued within 15 days of the decision.

8. An exhibit agreement or contract between the Library and the exhibitor must be signed for each exhibit. No exhibit is considered confirmed until agreed to in writing by both parties

9. Copy Center services are to be requested, in writing, with the proper approval, and adequate lead time.

10. All publicity generated by the Exhibitor must be approved by the University Libraries.

11. The Langston University Libraries will not engage in the sale of any exhibit items.

V. Exhibitor Responsibilities

The exhibitor is responsible for:

1. Providing publicity information and an inventory of the exhibit by designated deadlines.

2. Shipping, packing, mailing and handling of exhibit materials before and after exhibit period.

3. Taking care of any problems which might occur with exhibit materials during the course of public display.

6. Signing appropriate forms required for exhibiting materials in the Library.

VI. EXHIBIT APPLICATION

Langston University

EXHIBITOR

Name___________________________________________________________

Contact Person, if Group_____________________________________

Address_______________________________________________

______________________________________Phone______________

Previous Exhibits__________________________________________

PROPOSED EXHIBIT

Title____________________________________________________________

Medium________________________________________________

Space Requirements________________________________________

DESCRIPTION Briefly describe the exhibit proposed, including #of pieces, theme, etc.,

OF EXHIBIT (use additional sheet if necessary)

PROGRAM Do you provide any lecture or public program to coincide with the exhibit?

SUPPORT If so briefly describe.

If you would like to circulate any free material in support of the proposed exhibit, please attach sample copy.

SUBMIT THIS COMPLETED APPPLICATION FORM TO:____________________________________

(See guidelines on reverse side)

EXHIBIT APPLICATION

Langston University

EXHIBITOR Name___________________________________________________________

Contact Person, if Group____________________________________________

Address_________________________________________________________

____________________________________________Phone______________

Previous Exhibits__________________________________________________

PROPOSED

EXHIBIT

Title__________________________________________________________________

Medium_______________________________________________________________

Space Requirements____________________________________________________

DESCRIPTION OF EXHIBIT Briefly describe the exhibit proposed, including #of pieces, theme, etc., (use additional sheet if necessary)

PROGRAM Do you provide any lecture or public program to coincide with the exhibit? If

SUPPORT so briefly describe.

If you would like to circulate any free material in support of the proposed exhibit, please attach sample copy.

SUBMIT THIS COMPLETED APPPLICATION FORM TO:____________________________________

(See guidelines on reverse side)

VII. EXHIBITOR’S AGREEMENT

Langston University

University Libraries

Langston, OK

DATE___________________

This will confirm the agreement between LU and _______________________________, to provide work for exhibition at Langston University,___________________________ gallery at _________________________________ facility.

It is understood and agreed that the selection and installation of the work lies entirely with staff of the Library.

It is understood and agreed that the Library’s staff has final editorial rights for all publicity and printed materials produced in conjunction with exhibitions including announcements catalogs, pamphlets, brochures, posters, video tapes, and any other documentation produced in conjunction with Library exhibitions.

The Library staff will not engage in the sale or negotiations of sales for any item on exhibit. Referrals will be made directly to the artist or the representative agent.

No exhibit will be mounted unless Library staff, materials equipment and financial resources have been committed to the project in advance with adequate lead time.

Exhibitor responsibilities

1. Providing publicity information and inventory of work to be exhibited by designated deadlines.

2. Arranging the packing and shipping of exhibition materials by designated deadlines, unless otherwise stated. This includes preparing the exhibit materials so that they are adequately protected.

3. All exhibit items must arrive ready to install.

4. Picking up exhibit materials at the designated time. The University is not responsible for materials left beyond designated pick-up time.

5. All costs incurred by the University for the installation of an exhibit over and above the normal staff time, incidental materials, and expenses, unless otherwise specified.

University Responsibilities

1. Provide appropriate exhibition space.

2. Curatorial selection, design, and installation and dismantling of exhibition.

3. Publicity of exhibition.

4. Securing the exhibit while in the University’s possession.

Unless the above policies are adhered to, the exhibit is subject to cancellation.

This agreement is in effect from_____________________________________ through

__________________________________________________.

_____________________________ ___________________________

Langston University Exhibitor’s Signature

______________________________ _________________________

Date Date

VIII. PROPOSED EXHIBITS

MONTH_________________ EXHIBIT SPACE_____________________

Subject of Exhibit

Type of exhibit material

Exhibitor (Name & Address) Exhibitor (Name & Address)

Approved______________________________________

IX. GUIDELINES FOR EXHIBITION PROPOSALS

Dear Prospective Exhibitor,

Thank you for your expressed interest in proposing an exhibition for Langston University. Attached you will find information regarding the selection of exhibits by our Exhibition Committee. We hope you will find this material helpful. Included in your proposal should be the following:

I. GENERAL BIOGRAPHICAL INFORMATION/RESUME

This should include your name, address, a phone number where you can be reached during business hours, your education, any past exhibits and/or awards.

II. DESCRIPTIONS

Information about each piece should be provided including, title of the piece, date completed, medium (oils, watercolors, pencil, etc.), dimensions (height x width x (for sculpture) depth) and value.

III. STATEMENT

A brief statement describing the proposed exhibit is necessary. It may include the exhibit theme, a discussion of your artistic goals, an explanation of your techniques, or why you think your exhibit should be in the Langston University Libraries.

IV. DEADLINE FOR SUBMISSION

The Exhibition Review Committee meets on a quarterly basis. Deadlines for submission for each quarter are as follows:

March 15, June 15, September 15, and Dec. 15

If the completed proposal is late, it will be considered in the next quarterly

cycle.

V. NOTIFICATION OF COMMITTEE DECISION

You will be notified within thirty days of the meeting of the Exhibition Review Committee regarding their decision.

If you have any questions about these guidelines, or our procedures, please feel free to call the Director of University Libraries at 405 466-3294.

All information must be typed and mailed to:

Chair, Exhibit Review Committee

Langston University

University Libraries

Langston, OK 73050

Again, thank you for your interest in Langston University Libraries, and we look forward to the arrival of your proposal.

Sincerely,

X. Exhibit Description and Appraisal

EXHIBIT DESCRIPTION AND APPRAISAL

LANGSTON UNIVERSITY

UNIVERSITY LIBRARIES

EXHIBITOR Name________________________________________________

Address_______________________________________________

_______________________________________________

Telephone_____________________________________________

EXHIBIT Title__________________________________________________

Dates_________________________________________________

LOCATION Library Facility_________________________________________

Address_______________________________________________

Manager _____________________________Telephone_________

Briefly describe each item to be included in the exhibit. Accuracy is important as this form will serve as inventory.

ESTIMATED

ITEM DESCRIPTION SIZE VALUE

1._______________________________________ ________________ ____________

2._______________________________________ ________________ ____________

3._______________________________________ ________________ ____________

4._______________________________________ ________________ ____________

5._______________________________________ ________________ ____________

6._______________________________________ ________________ ____________

7._______________________________________ ________________ ____________

8._______________________________________ ________________ ____________

9._______________________________________ ________________ ____________

10.______________________________________ ________________ ____________

ESTIMATED TOTAL VALUE________________

SIGNATURE______________________________Date__________________________

(Exhibitor)

This inventory accurately represents the exhibit as installed.

SIGNATURE_______________________________Date_________________________

(Manager)

XI. Exhibit Acceptance/Confirmation

EXHIBIT ACCEPTANCE/CONFIRMATION

LANGSTON UNIVERSITY

UNIVERSITY LIBRARIES

Your exhibit, as described on the attached EXHIBIT APPLICATION, has been accepted for public display at:

LOCATION_____________________________________________________________

FROM_______________________________TO__________________________

Under the following conditions:________________________________________

INVENTORY To be submitted by:______________________________________

PUBLICITY To be submitted by:_____________________________________

INFORMATION

EXHIBIT To arrive on:___________________________________________

MATERIALS

To be picked up on:______________________________________

SIGNATURE_____________________________________DATE____________

(Manager)

I agree to the terms enumerated and accept responsibility for the exhibit on the above dates. (Return with completed “Exhibit Description and Appraisal” form)

SIGNATURE_____________________________________DATE____________

(Exhibitor)

The University reserves the right to change or cancel a scheduled exhibit.

XII. Description and Purpose of Exhibition Facilities

Sanford Hall Lobby

The purpose of this space is to showcase exhibitions of facsimile or original materials, particularly those with a community focus which require only minimum security. Exhibitions are to be free-standing panels and or cases. Wall space and two display cases are available. Generally exhibitions will open to the public for at least six weeks with two weeks between exhibits for dismantling and installation. Ideally four shows will be booked per calendar year in Sanford Hall Lobby.

Harrison Library

The purpose of this space is to foster public awareness of library resources and cultural and artistic talent of the community. Where feasible some exhibits will be shared by BHC and Harrison Library.

M.B. Tolson Black Heritage Center

The purpose of these spaces is to:

1. promote use of collection

2. showcase the heritage of African-Americans

3. display the history of Langston University

Langston University Libraries

Gifts Policy

Some reasons for not adding a publication to the collections:

1) Item is in poor physical condition.

2) Publication has been superseded.

3) Duplicates library’s holdings.

4) Incomplete runs of journal or magazine title.

5) Falls outside the parameters of the library’s collection.

All gifts will be acknowledged by the Director of the University Libraries. The University’s Development Foundation will be notified of all gifts.

The Langston University Libraries will not provide appraisals for gifts donated to the Libraries for two reasons: 1) Library staff are not trained, qualified appraisers, and 2) the Internal Revenue Code specifically states that recipient institutions provide the donor with only a listing of items received:

Subsection 8

Substantiation requirement for certain contributions

(A) General rule

No deduction shall be allowed under Subsection (a) for any contribution of $250 or more unless the taxpayer substantiates the contribution by a contemporaneous written acknowledgment of the contribution by the donee organization that meets the requirements of subparagraph (B).

(B) Content of acknowledgment

An acknowledgment meets the requirements of this subparagraph if it includes the following information:

(i) The amount of cash and a description (but not value) of any property other than cash contributed.

[U.S. code, Title 26, section 170, subsection 8, B.1]

The acknowledging letter serves as an assurance to the Internal Revenue Service that the donor did indeed give certain materials to the Langston University Libraries.

For book appraisal services, consult the yellow pages of the Oklahoma City or Tulsa telephone directories under “Book Dealers - Used & Rare”.

Langston University Libraries

Deed of Gift: Published materials

For the purpose of furthering scholarly research and teaching at Langston University, I,

____________________________________ _________________________________________ ,

First Name Last Name

hereinafter referred to as the Donor, hereby give, donate, transfer, convey, and deliver to the Langston University Libraries the following described property:

In making this gift it is my purpose and intention to vest in Langston University all the incidents of absolute ownership of the above-described property, subject to the following terms and conditions:

1. Title. Title to the above-described property shall pass to Langston University as of the date of receipt of said property by the University Libraries.

2. Access. It is the Donor’s wish that published materials be made available in the collections of the University Libraries. The materials shall be made available for such purposes in accordance with the policies and procedures of the Langston University Libraries.

3. Disposition. Any portions of the papers, materials, and other property donated to Langston University by the terms of this instrument that are not retained by the Libraries will be disposed of by the Libraries in accordance with their established policies.

Signed: __________________________________________ ____________________

Name Date

___________________________________________________________________

Address

Acceptance: Langston University Libraries

______________________________ ___________________

Library Director Date

Langston University Libraries

Deed of Gift: Manuscripts

For the purpose of furthering scholarly research and teaching at Langston University, I,

____________________________________ _________________________________________ ,

First Name Last Name

hereinafter referred to as the Donor, hereby give, donate, transfer, convey, and deliver to the Langston University Libraries the following described property:

In making this gift, it is my purpose and intention to vest in Langston University all the incidents of absolute ownership of the above-described property, subject to the following terms and conditions:

1. Title. Title to the above described property shall pass to Langston University as of the date of receipt of said property by the University Libraries.

2. Access. It is the Donor's wish that the books be made available in the circulating collection and that the papers, materials, and other property donated to Langston University by the terms of this agreement be made available for research and/or public view in the Libraries’ Black Heritage Center as soon as they have been received, arranged, and catalogued. The materials shall be made available for such purposes in accordance with the policies and procedures of the Langston University Libraries.

3. Copyright. The Donor hereby formally gives, donates, transfers, conveys and delivers to Langston University all of his possessory, literary, artistic, and intellectual property rights in these materials, including, without limitation, the rights to reproduce, adapt, publish, perform, or publicly display said materials. (Langston University may ask for clarification of ownership of some or all of these rights to insure their legal transfer to the University.)

4. Disposition. Any portions of the papers, materials, and other property donated to Langston University by the terms of this instrument that are not retained by the Library should be disposed of by the Library in accordance with its established policies.

Signed: ___________________________________________ _______________

Name Date

___________________________________________________________________

Address

Acceptance: Langston University

Library Director

Director, Melvin B. Tolson Black Heritage Center

Langston University Libraries

Student Assistant Policy

Student Assistants are hired to work for the Langston University Libraries to perform a variety of tasks which demand attention to detail, ability to learn quickly, a strong sense of responsibility towards the job, and a positive attitude.

To insure that the objectives of the Libraries can be met successfully, the following policies will be strictly enforced.

Both the Public Services (Circulation, Periodicals, Reference, The Black Heritage Center, and Government documents) and the Technical Services (Acquisitions and Cataloging) units of the Libraries run on a tight schedule in order to meet the needs of the library users in a dependable, systematic way. Since it is extremely important to have full coverage of work assignments from the beginning to the end of the semester, the students’ regular work schedules are to be adhered to until the end of finals week.

I. Scheduling:

Work schedules should be carefully constructed in the first three weeks of the semester. In designing a work schedule the supervisor must consider many things, including:

1) Class load

2) Allowance of time to get to and from classes

3) Meal times

4) Travel time from home, including extra time for poor road conditions and heavy traffic

5) Study time, childcare, etc.

6) Total hours awarded

Work schedules are limited to a maximum of twenty (20) hours per week. No compensation is given for hours exceeding the allowed maximum.

Students may not work during class-time, even if the class has been cancelled.

All work schedules will be considered set as of the fourth week of the current semester. If for any reason the schedule must be changed (to add more work hours after a class has been dropped), the schedule must be discussed with, and approved by, both the area supervisor and the area coordinator. Any unauthorized changes will not be accepted and the hours worked will not be paid.

II. Absence and Tardiness:

Absences

A. Excused absences: Each student will be allowed four (4) excused (pre-arranged with immediate supervisor) absences per semester. The area supervisor will have a conference with any student with more than four excused absences.

B. Unexcused absences: Each student will be allowed three unexcused (no show) absences per semester. Supervisors will request that a student be transferred from the library because of excessive unexcused absences.

Tardiness

Student assistants are expected to be at their jobs on time. Frequent tardiness of more than fifteen minutes two or more times a week will result in a conference with the supervisor and the area coordinator.

In the event of an emergency call the library and speak with your supervisor or an administrative assistant as soon as possible.

Note: Absences or tardiness due to inclement weather will not be counted against any student. If at all possible notify the area supervisor why you are absent or late.

III. Time Sheets

Student employees will be credited with hours on their monthly time-sheet that correspond with the sign-in sheet in their area of responsibility. Therefore, when students report to work they need to sign-in, notify their supervisor (or the supervisor on duty) of their presence, and get their assignment. They must sign-out before they leave.

A library staff member must initial the sign-in sheet each time a student employee begins or leaves work

Only full time staff members are authorized to initial student time-sheets:

IV. Reappointment

Reappointment and assignment each semester will depend on the following criteria:

A. Previous semester performance

B. Allocation of student hours

C. Projection of area needs

Students will be appointed and assigned and reassigned to the areas where their services are most needed.

V. Payroll Checks

All work-study payroll checks will be issued on the twentieth of each month, unless otherwise announced.

VI. Telephone

Telephone courtesy is expected at all times. Area supervisors will train students on proper telephone procedures. Personal calls are discouraged except in emergency situations.

VII. Conversations

Casual conversations with friends are not permitted during work hours. Non-library employees should not be allowed to enter designated work areas.

VIII. Studying on the job

Studying on the job is not allowed. Students wishing to study or do homework during work time need to clock out and then clock back in after consulting with immediate supervisor.

IX. Dress code

Appropriate clothing should be worn. Shorts, short culottes, tank tops or any other dress inappropriate for work should not be worn while on duty.

Langston University Libraries

Technical Services Policies

The Technical Services Department at Langston University is the unit responsible for processing all materials purchased by, or donated to, the University Libraries, with the exception of Government Documents. Technical processing includes acquisition, check-in and cataloging of all such materials. Materials must not leave the processing area until they are properly processed; therefore, access to the area is limited to all but library employees.

Langston University Libraries

Library Instruction Policy

The Reference departments of University Libraries offers instructional services designed to teach students those skills necessary to meet the objectives of a specific course. They will be taught how to identify and retrieve research material in an increasingly electronic environment, and how to use the online catalog. This type of instruction is tailored to the needs of individual courses and requires communication between the course instructor and the librarian. The Library requests that faculty schedule instructional sessions one to two weeks in advance so Library staff can plan an informative lecture with handouts for the students. The class instructor must attend the Library session along with his or her class.

Harrison Library also routinely provides tours and orientations for student and community groups. Those desiring such tours should contact the Library in advance to schedule a specific time for a tour.

Langston University Libraries

Public Access Computers

I. Mission Statement

In regard to public access computer usage, it is the mission of the University Libraries to make every reasonable effort to provide our patrons with up-to-date and authoritative information sources for their use, and to provide the expertise and training necessary to insure that electronic resources available in the Libraries, and through statewide and global networks, can be used to the greatest educational and cultural advantage by our patrons. Public access terminals in the Libraries are intended for use in supporting the academic and research missions of the University. Microcomputer usage in the Libraries should be directed towards these express purposes. Such uses will aid students, faculty and staff in gaining skills and experience that will enhance their educational and professional abilities.

II. Services

The value of the computer network in the University Libraries to the Langston University campus cannot be overstated. “The Library is an organized collection of written, artistic, or other kinds of materials”^[1] Those “other” kinds of materials are quickly gaining ground during the “information revolution.” The Libraries are the places on campus to receive professional training and advice on using emerging information sources to meet educational and research needs. The Libraries currently have numerous electronic indexes that will lead patrons to pertinent resources for a wide variety of topics. There are also some products available that provide full text retrieval of electronic documents. As cooperative arrangements for access to information are made within the state and nation, an ever widening selection of materials becomes available to the student and researcher at the computer terminal.

The internet, while not the answer to all information needs, is quickly becoming an up-to-date source of information on many topics. The Library staff is eager to help patrons learn the most effective way to use these and other products and services.

While some may have reservations about the availability of what they view as objectionable material on the internet, the Oklahoma Attorney General's office has offered the following opinion in regard to Internet access in public (i.e., state supported) libraries:

It is, therefore, the official Opinion of the Attorney General that:

Public libraries and library systems are not prohibited by 21 O.S. Supp.1996, §

1040.76 from offering public access to the Internet at library facilities to any

person regardless of age.

W.A. DREW EDMONDSON

ATTORNEY GENERAL OF OKLAHOMA

JAMES ROBERT JOHNSON

ASSISTANT ATTORNEY GENERAL[2]

In partial explanation of the above opinion, the Attorney General of Oklahoma states:

…It should be noted that by use of the term "knowingly," the Legislature requires

actual knowledge by a person or reason to believe that a minor has accessed

harmful material or has had such material displayed to him or her. By that

definition, Section 1040.76 does not require libraries to act as the conscience of its

patrons, nor does it allow library personnel to turn a blind eye to activities within

the library. Library personnel who take reasonable and prudent steps to limit

improper access and display of material harmful to minors would not be in

violation of Section 1040.76. Although the potential exists for a violation of

Section 1040.76, this potential does not require libraries to deny Internet access.

Whether a particular situation constitutes a violation is a question of fact, which

cannot be answered in an Attorney General Opinion. 75 O.S. Supp.1996, §

18b(A)(5).[3]

See Appendix B: for the complete text of the Attorney General of Oklahoma Opinion No. 97-46 on this matter.

III. Functions

The Microcomputer Laboratory currently supports word-processing, spreadsheet, database management, e-mail and internet functions. There are two laser printers connected to the Libraries network, one in each library, for printing of papers and research materials retrieved via the internet. Other public access computer terminals in the Libraries are configured to provide access to electronic indexes, full text documents, and the internet. Because of the continually rising cost of providing electronic sources of information and the increasing demand for access to additional sources of research information, it is the policy of the University that all public access terminals in the Libraries have their primary function dedicated to education related activities. The costs of paper and other supplies, and wear and tear on equipment, dictate that printers not be used for recreational purposes. To help contain these costs print jobs should be limited to a single copy. Additional copies should be made on photocopy machines or at the copy center. Persons using terminals and printers for recreational purposes will be informed of this policy and asked to stop their unauthorized activities.

Activities seen as having solely recreational functions for the purposes of this policy:

Interactive e-mail (chat rooms), Computer games

Because of the complexity of the technology involved in operating and maintaining a networked computer system, it is very important that patrons not download and install software on the Libraries’ computers. While the actual process of installing software may seem simple, the interactions between unstable software and the networked environment can be nearly catastrophic for maintaining a functional system. Such unfortunate events lead to some computers not being available for use by patrons and draw the talents of the technical services staff away from expanding the capabilities of the system. For the same reason patrons are asked to leave all computer components configured as they are found when they enter the Libraries. Inadvertently making a mistake while changing the appearance or utility of a computer may lead to maintenance problems later on.

Appendix A: CONTU Guidelines

Coalition for Networked Information

Information Policies: A Compilation of Position Statements, Principles,

Statutes, and Other Pertinent Statements

CONTU (National Commission on New

Technological Uses of Copyright Works)

Source: Final Report of the National Commission on New

Technological Uses of Copyrighted Works, July 31, 1978,

Library of Congress, Washington, DC, 1979, pages 54-55.

CONTU Guidelines on Photocopying under Interlibrary Loan

Arrangements

The CONTU guidelines were developed to assist librarians and

use in interlibrary loan arrangements permitted under the copyright

law. In the spring of 1976 there was realistic expectation that a new

enacted during that session of Congress. It had become apparent that

the House subcommittee was giving serious consideration to modifying

the language concerning "systematic reproduction" by libraries in

Section 108(g)(2) of the Senate-passed bill to permit photocopying

under interlibrary arrangements, unless such arrangements resulted in

the borrowing libraries obtaining "such aggregate quantities as to

substitute for a subscription to or purchase of" copyrighted works.

The Commission discussed this proposed amendment to the Senate bill

at its meeting on April 2, 1976. Pursuant to a request made at that

meeting by the Register of Copyrights, serving in her ex officio role, the

Commission agreed that it might aid the House and Senate

subcommittees by offering its good offices in bringing the principal

parties together to see whether agreement could be reached on a

definition of "such aggregate quantities." This offer was accepted by

the House and Senate subcommittees and the interested parties, and

much of the summer of 1976 was spent by the Commission in working

with the parties to secure agreement on "guidelines" interpreting what

was to become the proviso in Section 108(g)(2) relating to "systematic

reproduction" by libraries. The pertinent parts of that section, with the

proviso added by the House emphasized, follow:for

(g) The rights of reproduction and distribution under this section extend

to the isolated and unrelated reproduction or distribution of a single

copy or phonorecord of the same material on separate occasions, but do

not extend to cases where the library or archives, or its employee...

(2)engages in the systematic reproduction or distribution of single or multiple copies or phonorecords of material described in subsection (d): Provided, That nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose of effect, that the library or archives receiving such

copies or phonorecords for distribution does so in such aggregate

quantities as to substitute for a subscription to or purchase of such work.

Before enactment of the new copyright law, the principal library,

publisher, and author organizations agreed to the following detailed

guidelines defining what "aggregate quantities" would constitute the

"systematic reproduction" that would exceed the statutory limitations

on a library's photocopying activities.

Photocopying-Interlibrary Arrangements

Introduction

Subsection 108(g)(2) of the bill deals, among other things, with limits

on interlibrary arrangements for photocopying. It prohibits systematic

photocopying of copyrighted materials but permits interlibrary

arrangements "that do not have, as their purpose or effect, that the

library or archives receiving such copies or phonorecords for

distribution does so in such aggregate quantities as to substitute for a

subscription to or purchase of such work."

The National Commission on New Technological Uses of Copyrighted

Works offered its good offices to the House and Senate subcommittees in

bringing the interested parties together to see if agreement could be

reached on what a realistic definition would be of "such aggregate

quantities." The Commission consulted with the parties and suggested

the interpretation which follows, on which there has been substantial

agreement by the principal library, publisher, and author

organizations. The Commission considers the guidelines which follow

to be a workable and fair interpretation of the intent of the proviso

portion of subsection 108(g)(2).

These guidelines are intended to provide guidance in the application of

section 108 to the most frequently encountered interlibrary case: a

library's obtaining from another library, in lieu of interlibrary loan,

copies of articles from relatively recent issues of periodicals--those

published within five years prior to the date of the request. The

guidelines do not specify what aggregate quantity of copies of an article

or articles published in a periodical, the issue date of which is more

than five years prior to the date when the request for the copy thereof

is made, constitutes a substitute for a subscription to such periodical.

The meaning of the proviso to subsection 108(g)(2) in such case is left to

future interpretation.

The point has been made that the present practice on interlibrary loans

and use of photocopies in lieu of loans may be supplemented or even

largely replaced by a system in which one or more agencies or

institutions, public or private, exist for the specific purpose of

providing a central source for photocopies. Of course, these guidelines

would not apply to such a situation.

Guidelines for the Proviso of Subsection 108(g)(2)

1. As used in the proviso of subsection 108(g)(2), the words "...

such aggregate quantities as to substitute for a subscription to or purchase

of such work" shall mean:

(a) with respect to any given periodical (as opposed to any

given issue of a periodical), filled requests of a library or

archives (a "requesting entity") within any calendar year for a

total of six or more copies of an article or articles published in

such periodical within five years prior to the date of the

request. These guidelines specifically shall not apply, directly

or indirectly, to any request of a requesting entity for a copy or

copies of an article or articles published in any issue of a

periodical, the publication date of which is more than five

years prior to the date when the request is made. These

guidelines do not define the meaning, with respect to such a

request, of "...such aggregate quantities as to substitute for a

subscription to [such periodical]."

(b) With respect to any other material described in subsection

108(d), including fiction and poetry), filled requests of a requesting entity

within any calendar year for a total of six or more copies or

phonorecords of or from any given work (including a collective work)

during the entire period when such material shall be protected by

2. In the event that a requesting entity:

(a) shall have in force or shall have entered an order for a

subscription to a periodical, or

(b) has within its collection, or shall have entered an order

for, a copy of phonorecord of any other copyrighted work, materials

from either category of which it desires to obtain by copy from

another library or archives (the "supplying entity"), because

the material to be copied is not reasonably available for use by

the requesting entity itself, then the fulfillment of such request

shall be treated as though the requesting entity made such copy

from its own collection. A library or archives may request a

copy or phonorecord from a supplying entity only under those

circumstances where the requesting entity would have been

able, under the other provisos of section 108, to supply such copy

from materials in its own collection.

3. No request for a copy or phonorecord of any materials to which

these guidelines apply may be fulfilled by the supplying entity unless

such request is accompanied by a representation by the requesting entity

that the request was made in conformity with these guidelines.

4. The requesting entity shall maintain records of all requests

made by it for copies or phonorecords of any materials to which these

guidelines apply and shall maintain records of the fulfillment of such

requests, which records shall be retained until the end of the third

complete calendar year after the end of the calendar year in which the

respective request shall have been made.

5. As part of the review provided for in subsection 108(i), these

guidelines shall be reviewed not later than five years from the

effective date of this bill.

These guidelines were accepted by the Conference Committee and were

incorporated into its report on the new act. During the ensuing twenty

months, both library and publisher organizations have reported

considerable progress toward adapting their practices to conform with

the CONTU guidelines.

The guidelines specifically leave the status of periodical articles more

than five years old to future determination. Moreover, institutions set

up for the specific purpose of supplying photocopies of copyrighted

material are excluded from coverage of the guidelines.

Appendix B: Attorney General of Oklahoma's Opinion in regard to Internet access in public libraries.

Library FYI

http://www.state.ok.us/~odl/fyi/opinion.htm

Text of Attorney General Opinion No. 97-46

June 16, 1997

Robert L. Clark, Director

Oklahoma Department of Libraries

200 Northeast 18th Street

Oklahoma City, Oklahoma 73105

Opinion No. 97-46

Dear Director Clark:

This office has received your request for an official Opinion in which you asked,

in effect, the following question:

Are public libraries and library systems prohibited by 21 O.S. Supp.1996, §

1040.76 from offering public access to the Internet at library facilities to any

person regardless of age?

Your question was framed in regard to material defined as harmful to minors

pursuant to 21 O.S. Supp.1996, § 1040.76. This section provides:

No person, including but not limited to any persons having custody,

control or supervision of any commercial establishment, shall knowingly:

1. Display material which is harmful to minors in such a way that minors,

as a part of the invited general public, will be exposed to view such

material. Provided, however, a person shall be deemed not to have

"displayed" material harmful to minors if the material is kept behind

devices commonly known as "blinder racks" so that the lower two-thirds

(2/3) of the material is not exposed to view;

2. Sell, furnish, present, distribute, allow to view, or otherwise

disseminate to a minor, with or without consideration, any material which

is harmful to minors; or

3. Present to a minor or participate in presenting to a minor, with or

without consideration, any performance which is harmful to a minor.

21 O.S. Supp.1996, § 1040.76.

"Harmful to minors" is defined as:

[T]hat quality of any description, exhibition, presentation or

representation, in whatever form, of nudity, sexual conduct, sexual

excitement, or sadomasochistic abuse when the material or performance,

taken as a whole, has the following characteristics:

a. the average person eighteen (18) years of age or older applying

contemporary community standards would find that the material or

performance has a predominant tendency to appeal to a prurient interest

in sex to minors, and

b. the average person eighteen (18) years of age or older applying

contemporary community standards would find that the material or

performance depicts or describes nudity, sexual conduct, sexual

excitement or sadomasochistic abuse in a manner that is patently

offensive to prevailing standards in the adult community with respect to

what is suitable for minors, and

c. the material or performance lacks serious literary, scientific,

medical, artistic, or political value for minors[.]

21 O.S. Supp.1996, § 1040.75(2).

"Knowingly," for purposes of Section 1040.76, is defined as:

[H]aving general knowledge of, or reason to know, or a belief or ground

for belief which warrants further inspection or inquiry of both:

a. the character and content of any material or performance which is

reasonably susceptible of examination by the defendant, and

b. the age of the minor. However, an honest mistake, shall constitute an

excuse from liability pursuant to this act if the defendant made a

reasonable bona fide attempt to ascertain the true age of such minor[.]

21 O.S. Supp.1996, § 1040.75(12).

You have advised this office that no question is raised here as to the ability of a

library to offer Internet access. Instead, your question is whether the fact that

material harmful to minors can be accessed at a library through the Internet

requires a library not to provide such service to its patrons. Library employees are

not specifically included in or excluded from the provisions of Section 1040.76.

However, a "person," for the purposes of this section, is defined to include "any

individual, partnership, association, corporation, or other legal entity of any kind[.]"

21 O.S. Supp.1996, § 1040.75(13). This is broad enough to include library

employees, and we must conclude that a library employee who otherwise violates

Section 1040.76 would be liable to criminal action.

Nevertheless, Section 1040.76 does not create a blanket prohibition on the use of

the Internet merely because some sites may include material harmful to minors.1

Thus, the answer to your question lies in whether a library employee has

"knowingly" displayed material harmful to minors or otherwise allowed minors to

view such material. This is primarily a question of fact which ordinarily cannot be

answered in an Attorney General Opinion. 75 O.S. Supp.1996, § 18b(A)(5).

It should be noted that by use of the term "knowingly," the Legislature requires