Circulation Policy

The New Mexico Junior College (NMJC) Pannell Library Circulation and Access Policy governs circulation (borrowing and lending) of physical materials and online access to licensed electronic materials in the NMJC Library collection.

Circulation services include the administration of library patron accounts, borrowing terms, and the circulation and use of items located in the libraries' physical collections. Patrons may check out, renew, and return materials, and resolve library account issues at the circulation desk during normal operating hours.

Circulation desk staff also assist patrons in locating, accessing, and using information in all media and formats.

Physical collections include circulating materials which are available for loan, and non-circulating materials made available for in-library use. Circulating collections include books and media in open shelving located in public areas of the library as well as Reserve, supplemental materials and technological devices which may be requested at the Circulation desk. Non-circulating items in the open collections include magazines and newspapers (serials), items marked "reference", maps, and government documents.  Items in archives are available upon request.

Electronic collections (e-resources) include e-books, e-reference, e-journals, indexed collections of articles from academic, professional, and trade journals, magazines and newspapers, streaming educational media, interactive language learning, college and career preparatory materials, and teaching images collected in searchable online databases. Licensed electronic collections are provided to meet the needs of our patrons for secure access to authoritative sources of information from on and off campus, subject to the terms of use set forth by the providers and NMJC Pannell Library Policies.

Privileges/Responsibilities

NMJC Pannell Library patrons are granted the general privileges of using the Library’s facilities, services, and collections (hereafter "Library") subject to the terms of this and other policies. Patron use of the Library presumes agreement to the terms governing their use. NMJC-granted privileges include a NMJC ID number, computer account, and NMJC username and password necessary to use public-access computers, subject to the terms of the Library’s Technology Use Policy. Specific library patron privileges and responsibilities for using the library collections are detailed below.

Library patron privileges include:

• Access to the Library’s facilities, use of the public catalog, and items in the open stacks
• Use of the Library’s public-access computers, access to the internet, and library information resources available through the library's website and online collection catalog
• Borrowing privileges for circulating items in the collections
• On and off-campus access to the full collection of the libraries electronic resources
• Help locating and accessing materials to meet specific information needs

General responsibilities of library patrons include:

• Following this and other Library policies found on the Library website and as expressed by library signs, notices, forms, labels, or by library staff when using the Library.
• Compliance with terms-of-use for online-accessible electronic resources (licensed content)
• Respond to library communications

Misuse or abuse of the Library facilities, services, resources or staff, or failure to observe the terms of any of the Library’s policies or to respond to library communications may result in restriction or loss of library patron privileges, imposition of fees, or other disciplinary actions.

Identification Requirements

• Patrons must present a valid NMJC photo identification card (NMJC ID card), obtainable from NMJC Student Services office, or a valid driver’s license (or state issued ID) to set up their library account, borrow library materials, or request information about their account.
• A current NMJC username and password are required to use the library’s public-access computers and to obtain access to the library’s electronic resources from off-campus.
• Library staff may require patron identifying information to conduct library transactions
• Report lost or stolen NMJC ID cards or ELIN patron cards to the Library Circulation Desk to protect your account
• Replace lost or stolen NMJC ID (barcode) or ELIN patron cards as soon as possible
• Cards found in the library will be kept at the Circulation Desk. The Library will contact the owner by email or phone notifying them of where the card can be picked up.

Who may use the NMJC Library?

• Current students, faculty, and staff with NMJC computer accounts have patron privileges to access the Library’s computers, physical, and electronic collections. The general public has limited access to the library website information, online publications, and catalog search results. 
• Account set-up and borrowing privileges are determined by patron category. Loan limits organized by patron category and item type may be viewed in the Appendix at the end of this policy.

 

Currently Enrolled NMJC students

 

• Full-time, part-time, dual-credit students, and students in ACT Academy may establish a patron account at the Circulation Desk with a NMJC Photo ID.
• Student library accounts expire upon graduation and all items checked out will be due on this date regardless of when they were checked out.

Current NMJC Faculty and Staff

• Full and part-time faculty and staff currently employed by NMJC, may register for a library patron account at the Circulation Desk. Library staff will verify current employment and NMJC contact information prior to creating faculty/staff patron accounts.
• Faculty and staff accounts expire upon separation from NMJC.

 

NMJC Guests – ELIN Patrons

 

• Community members who have a patron card issued from an ELIN Library may access services in the Library.Limited access to the library website information, online publications, and catalog search results.

Setting up and maintaining your library patron account in good standing

• Currently registered NMJC students should set-up a library account at the Circulation Desk. Library circulation notices are sent to via the email address provided at registration.
• NMJC faculty and staff register once, in person, for the duration of their employment at NMJC and are required to return all library materials or settle any fees before separating from NMJC. Library circulation notices are sent to NMJC faculty/staff email.
• NMJCELIN patrons must register with the library each term and provide a current email address if they wish to receive email notices. Guests with outstanding library fees will not be allowed to re-register with the Library. Library circulation notices will be sent to the email address provided.
• All borrowers are expected to
  • return items on time, in good condition
  • respond promptly to library communications
  • resolve any library circulation problems promptly
• Borrowers will be held accountable for replacement charges for any items lost or damaged while checked out to them. 
• Patrons with outstanding library fees may be blocked from borrowing additional materials, registering for future classes, requesting transcripts and other services

Borrower Privileges

Borrowers with accounts in good standing may check out circulating materials with their NMJC/ELIN card up to the limit in the Loan Rules.

Library patron account security

• NMJC/ELIN cards, computer access user names and passwords, access to computer and library patron accounts, and access to e-resources are intended for use only by the person in whose name they were issued. 
• NMJC Pannell Library requires only the amount of patron information necessary for circulation-related records and communication, in order to help ensure patron privacy.
• The Library makes every reasonable effort to protect patron information
• It is the patron's responsibility to notify the library Circulation Desk immediately if a card is lost or stolen
• Patron ID cards found in the libraries will be kept in the lost-and-found at the Circulation Desk until picked up by the patron. See Lost and Found. 

Loans and renewals

• Circulating materials may be checked out from the Circulation Desk during library open hours
• A current NMJC/ELIN ID card is required for loans and renewals
• Library materials are loaned to patrons with library accounts in good standing
• Loan periods are determined by patron category and item type.
• Patrons may request a receipt identifying the items checked out to them and their due dates
• Patrons may renew eligible items at the library Circulation Desk, in person or over the phone
• Circulating items may be renewed once by the patron, within one week of the due date
• Long-overdue items may not be renewed. 

Returns

• Circulating books may be returned to the library Circulation Desk or to the book-drop box outside of the campus library.
• Media, Technology, Reserve, and Supplemental Items must be returned to the Circulation Desk. These may not be taken outside of the Library.

Overdue and billed items

NMJC Library Circulation sends overdue and billed notices by NMJC email.

• Patrons are billed for circulating books and media at the time of the third overdue notice.
• 2-hour items such as reserves, technology, and supplemental items will accrue fines/charges at the time of the first overdue notice.
• Long-overdue and billed items should be returned directly to the Library Circulation Desk

Damaged library materials

Library staff may inspect items before checking them in. Items returned with noticeable and significant damage or wear which make the item unusable for library purposes will be marked "damaged", and library staff determine whether the item must be removed from the collection and billed to the patron to whom they were checked out. Damage includes:

• Books with noticeably marked or soiled pages, missing pages or broken bindings
• Book-media sets missing included media
• Media returned soiled, scuffed, or scratched
• Supplemental items or sets with missing, broken or damaged parts
• Technology with damaged or broken parts

Lost, stolen and misplaced library materials

• Items which are reported lost by the patron will be billed to the patron
• In the event of loss or damage to items through theft or accident outside of a patron's control, the patron may present a copy of the incident, crime, or accident report documenting the loss from NMJC Security or local law enforcement

What happens if a patrons believe they have returned billed items which they cannot locate, and the patron will claim to have returned the item?

• After all parties have conducted a thorough search for the billed item, a "claims returned" note will be entered into the patron's account.
• A library patron is allowed to "claim returned" a maximum of three items during the lifetime of their library account
• Additional billed items claimed "returned" by the patron, but not found in the Library will be noted as "lost" and will be billed to the patron
• In the event that an item previously claimed "returned" is found by the patron, it will be accepted by the Library when returned

Return or Replacement of overdue and billed library materials

• Patrons may return overdue and billed items to the library Circulation Desk in order to resolve account issues promptly
• Patrons are encouraged to return items which were previously claimed returned or lost
• Patrons are encouraged to replace lost or damaged books and media with a new copy of the same title and edition, or a librarian-approved replacement
• Replacement copies may be brought to the Library Circulation Desk for prompt resolution
• Lost or damaged supplemental items and technology are not eligible for patron replacement. The patron is required to pay the full replacement cost for the item to NMJC Cashier.
• The Library prefers and recommends the direct replacement of books and media to the payment of replacement fees.

• Standard replacement fees are set by the original price of the item and a processing fee.
• Payments may be made to NMJC Cashiers only. The Library cannot accept payment
• Patrons preferring to pay for billed items must obtain a patron bill from the circulation desk to take to the Cashier's Office. 
• Patrons requiring immediate resolution of blocks on their library or NMJC accounts should return directly to the Library Circulation Desk with their receipt from the Cashier's Office

Standard Replacement Fees

• Charges for books and media are based on the cost of the item and includes the current processing fee. 

Returns and refunds for "Lost" and replaced or paid items, later found by the patron

• If a patron finds an item after it has been reported "lost" and has replaced the item or paid the replacement cost, the item may be returned to the Circulation Desk within one year of the transaction, along with the original dated receipt for purchase of a replacement or payment of the fee

Blocked Library Accounts and NMJC Academic Records - What to expect

• A block will automatically be placed on the patron’s library account once the patron has been billed for unreturned or damaged items. The library account block will suspend library borrowing privileges until the items are either returned or replaced or the replacement fees have been paid, and the library account is returned to good standing. Patrons may still access Reserve materials at the desk, under the same terms as restricted reserves
• NMJC will place a “Library Hold” on the patron’s NMJC account, as soon as library items have been billed, entering the standard replacement fee(s) total
• The student will be unable to register for classes or receive transcripts until the library patron account is returned to good standing and the NMJC account block is cleared by the Library
• Library staff will promptly clear blocks on the patron’s library account and NMJC account upon return, replacement, or proof of payment for billed materials
• In the event of a lost or stolen NMJC/ELIN card, Library staff may place blocks on a patron’s library account, at the patron’s request, to protect the patron’s accounts and information. In this case, the patron will continue to enjoy borrowing privileges, with valid proof of identification, such as a state issued driver’s license, or school identification with the patron’s picture
• Patron’s library accounts may be blocked for disciplinary reasons, removing all borrowing privileges
• All patrons are subject to library blocks

Electronic Collections (e-resources) - Who may use?

Access to licensed electronic collections (e-resources) is provided to NMJC Authorized Users who are current NMJC faculty, staff, and students. Licensed online electronic collections (e-resources) are accessed through the Library’s homepage under “databases”. Authorized users may sign up for an account within a database to receive the benefits of electronic files, folders or favorites selected from within a collection. Extent of access privileges, terms-of-use, features and functions vary by database provider. 

Important: Community members may access the full text of e-resources from on-campus only.

For help locating or accessing e-resources visit the Circulation Desk, or email referencelibrarian@nmjc.edu.

Patron privileges and responsibilities

Authorized users (patrons) are individually responsible for complying with the provider’s terms-of-use, found in the footer of the database search page or the record page for an individual item. With some special exceptions, noted in the list of databases, patron access to full-text database content/e-resources is made available with NMJC username and password:

• From on or off-campus.
• As single retention copy by download, email, or print.
• For personal, scholarly and academic use.
• To be used with provided attribution information, database, and copyright information attached.
• Single retention copies become the property of the individual, but are not intended to be copied or distributed further for any purpose.

Important: License terms vary, and may be more restrictive than copyright.

Permanent Hyperlinks, permanent URLs, or "Permalinks" are provided for individual items such as citations, abstracts, articles, e-book chapters, streaming videos, and video clips such that each use of an item gained through the permalink is an individual personal use by an authorized user, under the terms-of-use. Use of embedded permalinks allows for:

• Instructional use in the NMJC face-to-face or distance classroom.
• Embedding into NMJC student assignments for out-of-class study.
• Student out-of-class study, on-line discussion, or preparation of assignments.
• NMJC professional and collegial communication.

E-book access

• Access to e-books may be restricted to one patron at a time.
• E-books become "loaned" to a single patron after the patron has viewed a set number of pages determined by the provider.
• During the time an e-book is loaned, it will be unavailable to other patrons. Single patron loan periods are typically three weeks.
• Download privileges for e-books may be restricted by the publisher, to a set number of pages per-title, per-patron. The number of pages allowed by the license is visible within the download options screen.
• Patrons may not download an entire e-book to a device.
• Single retention copies become the property of the authorized user, but are not intended to be copied or distributed further for any purpose.

It is a violation of the terms-of-use of NMJC Libary licensed electronic resources to share them with persons who are not qualified as authorized users. Therefore, NMJC’s electronic resources are not intended to be used for instructional purposes at other institutions, or shared with students or faculty of other institutions, except through Interlibrary Loan. Similarly, copies of licensed electronic resources obtained from other institutions for personal scholarly use should not be distributed through NMJC’s electronic systems for the purposes of NMJC instruction.

For more information on recommended uses of protected intellectual property, see the Library’s Copyright and Intellectual Property Policy. 

Types of Items Available for Loan or In-Library Use

The Library’s physical collection contains a variety of materials in different mediums and formats which are organized and circulated (checked out to a patron’s account) according to the loan rules for each of the following categories.

Circulating and non-circulating collections

Items intended for loan to patrons are termed “circulating”. Items intended for in-library use without being checked out are termed “non-circulating”.

The open circulating collection includes books, audiobooks, DVDs, and book + media packages, which may be found in the library’s open shelving. DVD cases are displayed in the open collections for browsing. Present the DVD case at the Circulation Desk to obtain the disks for check-out. Open non-circulating collections include periodicals and reference materials.

Closed circulating collections include Academic Course Reserves, audiovisual media, and media reserves supplemental items. 

Academic Course Reserves (closed, circulating, 3-hr loan period, no renewals)

Items which are required or recommended reading for NMJC classes are placed on “reserve” for loan to NMJC students for limited periods of time. Some restrictions and limits apply.

• Reserves are available at the Circulation Desk, for three-hour loan.
• Patrons may check out one reserve item at a time, with the exception of items which are required to be used together for the same course. In this case, library staff may approve the check-out of two reserve items at a time.
• Reserves are not eligible for immediate renewal.
• Patrons may make limited copies for their own personal and scholarly uses of materials on reserve, under the terms of the Fair Use Section of U.S. Copyright Law.
• See the Libraries Copyright Policy for restrictions on copying.
• Reserves are due at the Circulation Desk 15 minutes before closing.
• Return reserve items directly to the Circulation Desk staff/circulation drop box.
• Patrons with overdue and billed reserves will have restricted access to reserve materials for the duration of the academic term as described in the Library’s circulation policy.
• Overdue reserves will be promptly billed to the patron, and the patron’s NMJC account will be blocked.

Media (audiovisual) Reserves (closed, circulating, restricted use, renewal terms vary)

Collections of videos in DVD format intended exclusively for instructional use are kept in Media Reserve at the Circulation Desk.

• Faculty and staff may check out up to 5 media reserve items for 7 days at a time
• Other patrons may borrow one item at a time, for three hours, to view in the library
• Exceptions require approval of library director.

Periodicals (open, non-circulating, in-library use only)

Periodicals include current journals, magazines, and newspapers in open shelving, intended to be used in the Library. These do not circulate or leave the library. Back issues of a minimum of two years old are available upon request. Older materials may be found in the electronic collections or obtained through interlibrary loan. Very recent articles may only be available in print periodicals. 

Supplemental materials (closed, circulating, 3-hr loan, renewals allowed)

Varied collections of scientific models, samples, slides, charts, and calculators for use by NMJC students, staff and faculty may be checked out from the Circulation Desk. One of each type of supplemental material may be checked out to a patron for 3 hours at a time without special permission. 

Patrons may request eligible circulating items found in the catalog for hold or pickup:

• To be held at the campus library Circulation Desk, for the patron (hold request)
• Hold requests for available items are typically filled within 24 hours 
• Delivery time for available pick-up items may take 2 - 5 business days
• Patrons will be notified by phone or NMJC email when requested items have arrived at the Circulation Desk
• Patrons must pick up the items within seven days of receiving the hold/pickup email 
• After 7 days, hold/pickup requests will expire and items will be returned to the shelf

Eligibility and availability of materials

• Circulating books and media in open collections are eligible for hold and pickup by all patrons
• Reference items are not eligible for holds 
• Reserve, Supplemental, and Technology items are not eligible for hold or pickup
• Items currently checked out to other patrons may be electronically requested for “hold” or “pickup” and the request will be processed if the item is returned before the hold expires
• Items marked “missing” are not eligible for hold/pickup requests.
• Electronic hold and pick-up requests are filled on a first-come, first-served basis.
• Items requested for hold/pickup may only be renewed once.
• Requests which violate the terms of this policy will not be filled.

Faculty Reserve Media Hold and Pick-up Requests

• Faculty may request up to five circulating media items for hold or pick-up.
• Electronically placed requests will be processed immediately on a first-come, first-served basis.
• Electronic requests for items currently checked out to other patrons will be processed as soon as the material becomes available.
• Requests placed by email or phone to library staff will be processed as staff time allows.
• Reserve media will be held at the Circulation Desk for seven days.
• Library media should be returned to the Library Circulation Desk, not sent via intercampus mail.

Library Security

Electronic security gates at public entrances and exits of the Library detect secured library materials. Security gates will not damage most electronic devices. An alarm will sound if a patron exits the library with items that have not been properly checked out.

Library employees are authorized to request that the patron come back to the Circulation Desk and remove books or other items from any backpack, briefcase or bag in order to determine what caused the alarm to go off. 

• If it is found that library materials improperly checked out to the patron or some other sensitized material set off the alarm, the items will be properly checked out, discharged and returned to the patron.
• If Library staff have good reason to believe that an attempt has been made to remove library materials without properly checking them out, the Library may report the incident to Campus Security as attempted theft of library materials.
• If NMJC Pannell Library materials have been damaged in an attempt to evade detection, the Library will report the incident to Campus Security as damage to library materials and attempted theft, depending on the condition of the items. 

Damage or theft of library materials is a violation of the Student Code of Conduct and may result in the perpetrator being billed for replacement, having their library patron account blocked, being reported to Campus Security and the Office of the Dean of Students, and being barred from the Library and use of Library services by the Dean of Students.

Lost-and-Found

The campus library lost-and-found is located at the Circulation Desk. The Library will make a reasonable effort to contact the owners of valuable property bearing identification and contact information, and to safeguard such items until the owners can retrieve them, but the Library does not take any responsibility for personal property left unattended in the Library.  Items will be immediately turned over to NMJC security.

• NMJC/ELIN cards found in the library will be kept at the Circulation Desk. The Library will contact the owner by email, notifying them of where the NMJC/ELIN card can be picked up.
• High-value items such as wallets, identification, cell phones, car keys, prescription eyewear, and jewelry will be kept at the Circulation Desk and turned over to Campus Security as soon as possible.  
• Low-value personal items including clothing, books and notebooks and flash drives, with or without identifying marks may be kept at the Circulation Desk until disposed of at the Library’s discretion.
• Unclaimed textbooks, books, and calculators will be treated as donations at the end of each semester.
• Library materials belonging to other libraries should be reported to the Library Director. 

Technology Policies

Library Staff Responsibilities

Library staff assists and educates patrons with use of computer and information equipment and systems, acceptable use of protected information resources, and the importance of protecting information.  

The Libraries are not responsible for: 

• Information left by the patron on library computers or equipment, including lab computers, laptops and iPads, printers, copiers and scanners.
• Patron use of protected information resources beyond or in excess of posted terms of use.

Patron Privileges and Responsibilities

Library patrons are welcome to use library equipment, networked systems, and licensed software and databases, provided that they: 

• Respect provided equipment and the rights of others
• Observe the terms of all relevant institutional or library policies
• Observe the license terms-of-use for all database sources of information
• Obey Library directives, instructions, signage and agreements
• Observe restrictions on copying and sharing of protected intellectual property 

Violation of the terms of this policy may result in: 

• Loss of library patron privileges
• Charges to the patron for lost or damaged equipment
• Blocks placed on the patron’s NMJC account
• Disciplinary referral to the Dean of Students. 

In the case of theft, misuse or intentional damage to Library property, the Library is required to file a report with the Dean of Students, NMJC Security and the Hobbs Police Department. 

Use of Libraries' Technology

Computers and Printers

The Library provides access to computers, on a first-come, first-served basis. Printing from networked library computers is managed electronically by LTP One software. Print jobs may be picked up at the Circulation Desk. A valid NMJC ID is required for free printing.

Please report problems immediately to the Circulation Desk at your library location. 

Copiers ​

Copiers belong to NMJC’s Document Center and require coin payment for each page prior to use.

• Library staff may provide instruction and technical assistance with copiers but do not provide copying service, and
• The Library does not provide change or refunds for the copiers. 

Ask for information and assistance with copiers at the Circulation Desk. 

Copyright Considerations

Computers, online access to licensed intellectual property, and copiers are provided for patron’s personal use, subject to copyright laws, with the expectation that patrons will be responsible for their own use. Copyright warnings are posted on all library copying equipment as required by law. Copyright considerations also apply to the use of copying or duplicating functions provided on desktop computers, laptops or iPads, such as the ability to capture images, save and duplicate files; and transmit protected information. Consult the Libraries Copyright and Intellectual Property Policy for guidelines to appropriate uses. 

Internet Access and Use of Libraries Electronic Systems

Internet access is provided to patrons to further their personal, educational, and career goals consistent with the mission of the college. Uses which violate NMJC policies are not allowed, including use of NMJC library resources to: 

• Operate a private business
• View violent or pornographic materials which may contribute to a hostile work or learning environment
• Engage in any activity that violates local, state or United States legal codes 

Patron Information Security

NMJC Computer Services and the Library take systematic measures to ensure system and data security, including but not limited to preventing download/copying of software. The patron is ultimately responsible for understanding these protective measures and acting individually to preserve security and access to their own information, and to honor the rights of others. Patrons and staff are advised to: 

• Protect login information. Computers automatically lock after 10 minutes of inactivity to protect patron information. You will be required to re-enter your login information to regain access to your work. Folders and files will remain open. Do not share log-in information with anyone, log-in for another person or let someone else use your login.
• Contact a library staff member or call Computer Services if you encounter problems with your NMJC login
• Always log off when leaving the computer, and take your flash drive with you
• Files saved to the desktop will be permanently erased when you log out
• Flash drives found in computers will be turned in to the Circulation Desk.

Computers are programmed to shut down 10 minutes prior to closing time

• It is the patron’s responsibility to save work, complete any printing, and close files 15 minutes prior to library closing time.
• Staff will not be available to assist with last-minute computer or printing problems

Viewing Media in the Libraries

• Headphones are available for loan at the Circulation Desk.

Priority Use

NMJC Students, faculty and staff are given first priority during times of peak demand. Patrons may be asked to log off and wait until demand has decreased if there are not enough computers available. A patron may be logged in to only one computer at a time. 

Courtesy and Safety

The Library provides areas suitable for technology-enhanced teamwork and collaboration, individual computer work, group and individual study in an open environment, as well as areas suitable for relaxing and socializing. Please respect the rights of fellow library patrons, use the appropriate areas and appropriate conduct for that area, as posted, and:

• Silence your cell-phone.
• Keep necessary calls to a minimum.
• Use ear buds or headphones and set the volume low enough that you do not disturb others. Headphones are available for checkout at the Circulation Desk.
• Place food and drink on provided tables while working at computers. Covered drinks with leak-proof lids are acceptable at computers
• Remove your documents from copiers before you leave
• Retrieve printouts promptly
• Recycle unwanted and excess paper

Do not stretch power cords across walkways where they pose a tripping hazard

Accessibility Policy

NMJC Pannell Library is committed to providing equal access for persons with qualified disabilities within the scope of its mission as an academic library. In accordance with the Americans with Disabilities Act (ADA), and in cooperation with NMJC's Office of Accessibility Services, the NMJC Pannell Library offers appropriate, confidential accommodations to enable patrons with disabilities to access library resources.

The following are available to persons with disabilities upon request:

Circulation and Reference services

• Assistance confirming the availability of library resources
• Individualized assistance with all aspects of library research
• Appropriate modification of lending rules on an individual, case-by-case basis, upon request
• Assistance renewing items
• Assistance retrieving items from shelf areas
• Assistance copying, scanning or printing reasonable portions of material in an accessible format for the individual patron's personal scholarly use, within the limits of the exclusions to copyright ("fair use") as provided by the Chaffee Amendment. See NMJC’s Copyright and Intellectual Property Policy.
• Assistance locating and accessing alternative formats available from other libraries through Interlibrary Loan (ILL)*.

Electronic Media and Assistive Software - Most Electronic databases and E-books provide some built-in accessibility features. NMJC’s Office of Accessibility Services and the NMJC Pannell Library partner to provide assistive software on the Library computers. 

Classroom Accommodations - Instructors requesting Library Instruction should include accommodations required by any ADA qualified student, at least one week in advance.

For general information on physical accessibility, adaptive technology, and related library services or resources at the Library, please contact the Library circulation desk.

For an indexed guide to accessibility services and resources at NMJC see the NMJC Student Handbook.

 

Copyright Policy

Purpose: The New Mexico Junior College Library’s Copyright Policy articulates the Library’s responsibilities and informs staff and patron use of copyrighted and licensed intellectual property. The Library’s Copyright Policy is consistent with the provisions of  United States Copyright Law, including the doctrine of Fair Use, the Copyright Revision Act of 1976, the Chaffee Amendment(1996), the Digital Millennium Copyright Act (DMCA) of 1998, the TEACH Act (Technology, Education and Copyright Harmonization) of 2002, related federal and state laws, court decisions and the terms of license agreements entered into by the Library. The policy follows and recommends the principles of the Association of Research Libraries (ARL) Code of Best Practices in Academic and Research Libraries. 

Description: This policy, with its included recommendations, and related guidelines and forms covers use, duplication, and distribution of copyrighted and licensed information resources provided by the Library, in any medium or format. The terms of the policy extend to library-provided systems and equipment, and to the Library’s public, instructional and administrative services, including print and online publications. Guidelines address student, faculty and staff responsibilities and uses of protected intellectual property. Copyright educational programs and information services are designed to help minimize risks of accidental infringement, while supporting personal, scholarly, educational, and transformative uses of information consistent with copyright law and the mission of the college.

Note: This policy and related documents provide information, education and assistance. They do not constitute legal advice, confer any legal rights, supplant any license, or substitute for permissions to use copyrighted or licensed materials when those are required. If you believe you need legal advice or assistance contact an attorney specializing in intellectual property listed with the New Mexico State Bar Association. 

Copyright Responsibilities

NMJC Library guards against copyright violations through a combination of policy, technological controls, and copyright information as required by law, in order to ensure our continued ability to provide information resources. Faculty, staff, and students are individually responsible for becoming knowledgeable about their rights and responsibilities related to copyright and intellectual property and for applying reason and discretion to reach informed good-faith ethical and legal decisions with regard to the use of copyrighted and licensed materials. The Library provides services and resources to assist such decision making. 

Individuals are legally responsible for their own personal and professional copyright decisions. Responsibilities and expectations include, but are not limited to: 

• Observing institutional policies, user or license agreements, and posted information
• Recognizing and understanding the basics of copyright law and its provisions
• Determining whether material intended for use is protected by copyright or license
• Determining whether an intended use of protected material is allowable
• Identifying and locating the copyright holder when an intended use falls outside the scope of fair use or a license agreement; obtaining and documenting appropriate permissions, when required
• Attributing original authorship accurately
• Maintaining accurate records of source information, fair use analyses, permissions requests and occasions of use when warranted
• Including copyright information with protected materials
• Posting copyright warnings and limitations of use when using protected materials 

It is the responsibility of the patron to read and follow the terms of licenses or borrowing agreements, and related policies, and to determine whether a proposed use is a Fair Use under copyright or an allowed use under an applicable license. 

Librarians are available to help patrons find and use basic copyright information, and online educational guides and tools are available to assist students, faculty and staff with specific responsibilities. 

Student Rights and Responsibilities

Students are encouraged to use NMJC-provided technology, information and services ethically and responsibly in the pursuit of their personal, educational and career development goals, and are responsible for compliance with Technology Use Policy, Student Code of Conduct and Academic Dishonesty Policy, and the NMJC Library Copyright Policy. 

Guidelines are provided by the Library to increase student understanding of copyright essentials applied to common or frequent student activities involving use of protected materials including:

• Accessing reading or study materials for a course
• Collecting and citing materials for research and critical writing
• Using sources for original or transformative creative work
• Personal use of streaming media
• Clubs and service organizations 

The Library supports, promotes and will assist students with the skills of: 

• Distinguishing between protected and unprotected works
• Identifying personal, scholarly and creative Fair Uses which are excluded from copyright protection
• Determining reasonable quantities of copies of copyrighted materials under Fair Use.
• Locating, understanding, and applying the “terms of use” provided by websites and licensed databases
• Embedding links to materials legitimately available online, subject to their terms of use.
• Properly quoting, paraphrasing and summarizing cited works to avoid plagiarism
• Attributing authorship
• Finding copyright information for a work
• Understanding the relationship between copyright violations and plagiarism
• Using prepared citations and citation tools provided in the libraries databases, research guides and help resources.
• Finding and using citation guides or manuals.
• Use of adaptive software to make the contents of a work more accessible to the individual user, based on their learning needs.
• Protecting creative work 

Excluded and prohibited uses of equipment and resources which fall outside of Fair Use include:

• Making excessive use of copies to avoid purchase of reasonably available material 
• Making or sharing copies of materials when prohibited by the provider
• Sharing or distributing copies of protected materials in any format (file sharing) 
• Public performance or display of protected materials, especially entertainment media
• Using licensed materials in violation of their terms of use
• Downloading or sharing unauthorized copies of protected materials 
• Use of others’ intellectual property as if it were your own – specifically failure to cite your sources or “plagiarism”, regardless of whether the source is protected or not.
• Inappropriate or excessive appropriation

Violations

Violations of NMJC policies may result in loss of privileges, academic consequences, and/or disciplinary actions by the Dean of Students.  

Violation of copyright law (infringement) or the terms-of-use of any license or user agreement may have academic, financial and legal consequences. 

If in doubt, please ask for information or assistance.

Copyright help available to students

Students may:

• Request help finding and using copyright and citation information at the Library’s Circulation Desk.  Questions that cannot be answered at the desk will be referred to the copyright coordinator.
• Refer to the online guide to Copyright Information.

Faculty Rights and Responsibilities

In addition to the general rights and responsibilities of students, Faculty have the right to use materials within the provisions for personal, scholarly and academic Fair Uses and are similarly responsible for compliance with Copyright Law, its provisions and extensions including application of Fair Use Exclusions, DMCA, The TEACH Act, and subsequent legislation.  Further faculty bear the responsibility of ensuring that student assignments do not promote or seem to promote copyright violations. 

Recommended Practices are provided for faculty using copyrighted and licensed intellectual property in:

• Face-to-face and online instruction
• Development of teaching materials, research, scholarly writing, and creative work
• Assigned student work
• Campus activities 

Faculty users of information should be aware that: 

• Not all available or accessible material is “free” for use
• Not all personal, scholarly, or educational uses qualify as Fair Use
• Fair Use requires clear intention, purpose, knowledge of the work to be used
• Fair Use provides for limited use
• Many educational uses exceed copyright Fair Use and require permissions or licenses
• Library database and creative commons licenses grant general permissions making sharing easier, while their terms of use may impose specific restrictions
• Terms of use vary by provider and may allow more or less than what Fair Use allows
• Licenses are designed to minimize the need for specific permissions for most uses, while protecting the content
• Minimization of copyright risks involves planning, research, assessment, and documentation.
• The Libraries provide resources to assist the processes of evaluating, requesting and recording permissions

Faculty Members have the right to:

• Use works from the Licensed databases according to their terms of use without express permission
• Save single copies of protected works for personal and scholarly use
• Make their own good-faith Fair Use determinations
• Make limited numbers of copies essential for instructional use
• Request that legitimate copies be placed on reserve in the Libraries
• Inquire about exceptions and special cases
• Receive help with copyright information, best practices, and procedures.

Basic copyright and Fair Use information for instructors 

• Instructor-initiated copying/scanning and limited distribution of protected works to students for (one-time) inspired instructional use may be considered a Fair Use
• Subsequent or repeat uses are typically not considered Fair Uses
• A good-faith Four Factor Fair Use Analysis should be performed before such copying, distributing or performing a work.
• Any use which confuses original authorship/ownership of copyrightable content, takes the place of the original work, or harms the market for a copyrighted work is not a Fair Use.
• A copy of a Sample Permissions Letter is provided online, to be used as a form.
• The TEACH Act Checklist is provided if copied materials will be posted online. · Instructors should be aware of the strictures of DMCA anti-circumvention clause, prohibiting circumvention of the software protecting original digital media content from copying, before setting out to make their own copies of digital media. · Complete copyright information, including the author’s name, title of publication from which an excerpt was made, the date of copyright, and whether the work is “used by permission of the copyright holder” or “used according to license” should accompany all copies.

Licensed online electronic database content may help instructors avoid many copyright headaches, when used with understanding of the rules and principles and with forethought for how the materials will be posted, accessed and used. Licensed content simplifies access to instructional material, promotes ethical sharing of copyrighted intellectual property, and facilitates correct attribution. The following facts apply: 

• Identical content may be used by multiple instructors, for multiple courses, over multiple terms 
• Permanent URLs or “permalinks” may be embedded in assignments in Canvas 
• Each (student) use is a single personal use 
• Citations, abstracts and full-text may be emailed from the database 
• Concurrent citations in multiple formats are provided 
• Attribution information is provided for works of visual art 
• NMJC Library does not track individual’s search, access or use histories
• Aggregated statistics help the Library determine resources to fund 
• Database content is ‘portable’ if you teach at multiple institutions which offer the same databases 
• Individuals may submit Interlibrary Loan (ILL) requests for specific content not offered through NMJC’s databases, for personal use. 

Common educational uses which exceed Fair Use or license terms-of-use 

The following practices risk violating copyright, artist’s rights, DMCA, the TEACH Act or the terms of license agreements: 

        1. A copy of protected material is distributed to students in a face-to-face classroom setting OR posted within the distance learning LMS (Canvas) on a repeated basis, i.e. multiple semesters in sequence or repeat semesters separated in time by a single instructor.

         2. A copy of protected material for a single course, taught by multiple instructors in multiple sections or in succession is distributed in class or posted within the Distance Learning LMS (Canvas) without permission.

         3. The amount of copyrighted material distributed to students in a single course and section represents a significant portion of a readily available work, for example: 

• multiple chapters from a single book
• more than one article within a single publication/volume of a journal
• entire short works of creative fiction or poetry
• excessive quantity used constitutes unfair competition in the market for the original.

Examples 1-3 exceed Fair Use.

        4. Any copy of protected work is made available without copyright notice and either a citation or an attribution. 

        5. Sections of protected works are copied and pasted together, formatting or details are changed to alter the appearance of the original(s) and create the appearance of unity, and the work is used without attribution.

Examples 4 and 5 are both plagiaristic and copyright violations.

         6. A saved copy of a work obtained from the internet or Libraries’ databases is posted, emailed or printed and distributed to others. 

         7. A Creative Commons work or an Open Educational Resource (OER) is used, modified, or distributed in excess of the license terms of use. 

Examples 6 and 7 violate the terms of license agreements.

         8. A copy of rented online streaming media intended for personal use is shown in class or to a group. 

         9. Copies of student work is used for online teaching purposes beyond the class in which they are registered without explicit written notice permissions. 

         10. Use of protected works for non-educational (outside of regularly scheduled for-credit classes) college purposes such as meetings, retreats, public gatherings, professional development, cultural enrichment, publicity, entertainment or reward. 

Examples 8 - 10 exceed license agreements or Fair Use.

Recommended faculty practices for avoiding problems and minimizing risks: 

1. In cases where the intended use exceeds fair use (ex. 1,2,3 above) or the limitations of the license agreement, written permission from the copyright holder is advised, and should be kept on file by the faculty member, or by the department chair or coordinator in cases where multiple faculty teach the same course, using the same materials, over multiple semesters. Copies of permission letters or emails from copyright holders must be provided to the Library before duplicated materials may be placed on Reserve in these cases. (See Library Reserves Policy)
2. In cases where the desired material is available through the databases, or online, (ex. 4, 5, 6) faculty are advised to cite or attribute the work appropriately and post the permanent URL or permalink, rather than distributing saved copies. Each student use is then a single personal scholarly use, fair use analysis is not necessary, and permissions are not required. 
3. When protected works are posted electronically, copyright warnings such as the following should appear prominently. “Materials may be copyrighted and/or licensed to others and are not intended for use or distribution outside of this class”; AND citation information, or attribution in the case of visual art, should accompany each work. 
4. In cases where the entire work is available for personal rental, but is not available in licensed form (ex. 7) it should be accessed directly at the source by the individual. If available for sale, a copy should be purchased as soon as available, for classroom use. If limited sections, clips or stills are desired for specific criticism or commentary, these may be justified as Fair Use notwithstanding DMCA. (Note that the Library may not digitize individual media titles for streaming.)
5. Reformatting copied and pasted sections of protected works is not sufficiently transformative to support a fair use defense when significant portions of the original work(s) remain recognizable and intact; no significant original creative content, critical commentary or new interpretation is introduced; no new purpose is served that was not served by the original(s)
6. When using student works either ask students for permission to use specific works created under your instruction, indefinitely, and get a signed written response or an electronic signature if you plan to use them as teaching examples in the future or systematically inform students in a course or program that submitted works may be used for classroom instructional and other educational purposes. Attribute these works as appropriate respecting the student’s authorship, and their right to privacy under FERPA, removing any unnecessary personal identifying information. 
7. In summary, faculty are advised to:
   • Understand the scope of copyright and the limits of Fair Use exclusions, restrictions of DMCA and requirements of the TEACH ACT;
   • Perform and record the results of an impartial, reasoned, good-faith four-factor Fair Use analysis when indicated;
   • Contact rights holders any time the use of a protected work is determined to exceed the provisions of the Fair Use exclusions;
   • Obtain and keep on record explicit written permission before using protected intellectual property.
   • Post copyright information and limitations of intended use with all content, regardless of ownership or origin.

Library Staff Responsibilities

Library professional staff will:

• Answer common copyright questions
• Provide copyright information and guidelines
• Inform patrons of copyright policy
• Refer unusual or complex questions to the copyright coordinator
• Instruct faculty and students on proper use of licensed databases and their content
• Demonstrate respect for intellectual property. 

Library staff do not:

• Give copyright answers that exceed their level of expertise or amount to legal advice
• Make copyright decisions for others
• Make or provide copies in violation of any law or institutional policy
• Allow or encourage patrons to violate copyrights. 

Library staff have the right to decline requests which they have reason to believe may be in violation of copyright, and to request copyright documentation when providing services according to this policy. 

Provision of library materials and assistance does not constitute transfer of copyrights or permission to use materials in any way that exceeds their terms of use. 

The Library provides: copyright information, education, and assistance, including:

• Authoritative books and articles on copyright in the libraries collections
• Instruction, guidelines, and tools for locating, assessing, using, and documenting information sources suitable for sharing, subject to their expressed terms of use
• Limited individual assistance locating resources and copyright information
• Citation help and plagiarism prevention resources
• Licensed electronic databases to simplify sharing content

The Libraries do not:

• Take responsibility for monitoring individual uses
• Keep records of copyright decisions made by patrons.
• Perform extensive copyright research on specific works for individual patrons. 

Library Applications of Copyright

Provisions and extensions of Copyright law apply to the following areas of Library services.

1. Access to Electronic Database Content
2. Interlibrary Loan – see Policy
3. Academic Course Reserves – see Policy
4. Library publications, marketing and outreach
5. Library operations and professional activities
6. Copying, Duplicating, Scanning and Printing. 

1. Access and Use of Licensed Electronic Database Content and E-books (E-resources)

The online library catalog (Worldcat Local) and the electronic databases are searchable by the public.

Full access to licensed electronic content (E-resources) and patron account features are provided exclusively to “authorized users” who are qualified patrons of the NMJC Library: 

• Currently registered NMJC students, faculty, and staff.
• ELIN Patrons who use on-campus library computers.

Access to content within the databases by non-qualified persons may be arranged through Interlibrary Loan (ILL) through an academic library or local public library, subject to the limits outlined in the Interlibrary Loan Policy. 

Definition and content

E-resources are protected by contractual license agreements. Databases provide online access to ebooks, e-reference, magazine, newspaper, scholarly, trade and professional journal articles, streaming media, still images, interactive college and career success materials, and more. 

Accessibility features

Electronic databases provide a variety of built in accessibility features available without special qualification, assistance, or permissions such as text-size modification, read-aloud options, and closed captioned video. In the case that assistance or permissions are required for accessibility of particular content by persons with a disability, ask at the Library Circulation Desk.

Availability of content

Most, but not all, content is searchable on personal electronic devices, and available as downloadable files, readable by common wireless devices. However, due to the variety of devices, variations in wireless service, and the special features and limits placed on some media, the Library cannot guarantee uniform remote access to all electronic content from all devices at all times. If access problems occur, contact the Library Circulation Desk staff.

"Terms of use", "license terms", "user rules" or "user agreements"

Terms of use for each database provider can be viewed from within the database. In general, all databases from a given provider, e.g. Ebsco, Gale, follow the same terms of use; while terms of use vary between providers. If in doubt whether an intended use is allowed, contact the Library Circulation Desk.

Database licensing terms represent legal contracts, which may be more specific and restrictive than copyright law, and which are not subject to the Fair Use exclusions. E-resources are designed to be accessed electronically using the functions provided. Individual databases vary in their accessibility features and terms of use. Some require passwords for use, and some may be used on-campus only.

The following general rules apply to all NMJC Licensed databases, and are accepted practice. 

Acceptable uses of E-resources include the individual rights to:

• Keep one electronic copy for storage, personal, scholarly, and noncommercial use
• Make one printed copy of provided content, for personal, noncommercial use
• Email electronic copies of database content to self and other authorized users
• Embed permalinks to licensed content within NMJC password protected content management software (LMS) Canvas. 

Unacceptable uses of E-resources include, but are not limited to:

• Retaining copies of works for the purpose of redistribution
• Distribution of saved copies, in any medium or format, by any means, for any purpose
• Obscuring or removing copyright notices or information included in the materials;
• Infringing or plagiarizing use of the materials
• Copying, downloading or attempting to copy or download an entire issue of a journal or an entire E-book; commercial use of the materials
• Accessing, saving, printing, or attempting to access, save or print material that is not made available without password access or permission.
• Access by unauthorized persons, not affiliated with NMJC
• NMJC database content may not be used to teach at other institutions which do not offer those same databases
• Access to or unauthorized copies of database content offered by other institutions, but not by NMJC should not be shared with NMJC classes or individual NMJC students.
• Individual NMJC students may request specific items via Interlibrary Loan or use Joint-Use Privileges at other NMCAL Libraries. See Interlibrary Loan, below. 

Patron privacy

In order to respect patron privacy, the NMJC Library does not track individual database use, but does use aggregate statistics to aid in administration. Patron accounts, set up within the databases under their terms of use, are protected; and the information stored therein is not shared by the database provider. In the event of a violation of the terms of use, reported to us by the licensor, it is our obligation to cooperate with their investigation. In case of detected violations, privacy rights are waived.

2. Interlibrary Laon Service (ILL)

The Library’s ILL service provides qualified patrons with access to items which we do not license or own; and makes eligible materials in its collections available to qualified libraries, subject to copyright and license restrictions. See Interlibrary Loan Policy. 

3. Academic Course Reserves

Reserves help ensure enrolled student’s academic success by providing access to course materials within the provisions of copyright law. See Academic Course Reserves Policy.

Library Applications of Copyright

Provisions and extensions of Copyright law apply to the following areas of Library services.

1. Access to Electronic Database Content
2. Interlibrary Loan – see Policy
3. Academic Course Reserves – see Policy
4. Library publications, marketing and outreach
5. Library operations and professional activities
6. Copying, Duplicating, Scanning and Printing. 

4. Library Publications, Marketing and Outreach

Library publications, marketing and outreach honor the copyright and terms of use of licensed materials. Publications and displays include:

• Libraries webpage, instructional and educational materials
• Outreach and marketing materials
• Public performance of media and displays of visual art
• Publicly accessible online catalog 

5. Library Operations and Professional Activities

Library technical services, systems and administration actively work to protect copyright. 

6. Library Copying, Duplicating, Scanning and Printing

Copying, duplicating, scanning and printing are affected by copyright. “Copying” includes the making of a duplicate, by any technological means, as well as the conversion from one format to another. The terms stated for “photocopies” extend to all forms of copying. 

Patron-initiated copying (print and electronic)

Patrons are responsible for following copyright Fair Use guidelines when copying protected materials for personal use. In general, the Library may not be held liable for copyright infringement based upon a library patron's unsupervised use of copying equipment located on the premises, provided that the equipment prominently displays a notice that the making of a copy may be subject to terms of the copyright law. 

All photocopiers in the NMJC Library and Library computer labs will display this copyright warning notice, in a visible place on or adjacent to the equipment. 

“COPYRIGHT WARNING NOTICE – The Copyright Law of the United States (Title 17, U.S. Code) governs the making of photocopies of copyrighted materials. The person using the equipment is liable for any infringement.” 

Library-initiated Copying

Library staff are responsible for following copyright guidelines when copying protected materials for library, professional or personal use, or for use by patrons. 

Patron Requests for Copies

Library staff may assist patrons in making copies on an individual and limited basis following copyright and fair use guidelines. 

Library staff have a right to refuse requests for copies which they believe may be in violation.

Copying by or for ADA Qualified Individuals - Accessibility

The Library provides licensed adaptive software to make copyrighted materials in the library accessible to patrons who would not otherwise be able to access those materials because of recognized disabilities. The Library may also, at its discretion and as resources allow, make copies of copyrighted, licensed and technologically protected works in its collections available for use by qualified individuals, using adaptive software as outlined below. For information on access to ADA Services at the NMJC Library, see the Library Accessibility Policy.

Extension of Access to Library-owned and Licensed Audio-visual Materials

The Library may take advantage of the provisions of U.S. copyright law and its amendments to make available to its patrons works in its collection existing in a variety of media and formats, including the following categories of works which the Librarian of Congress deems exempt from the DMCA prohibitions against circumvention of technological protection measures, and within Fair Use: 

• Literary works, distributed electronically, that prevent the use of read-aloud functionality or interfere with screen readers or other applications or assistive technologies for persons who are blind or have other disabilities.
• Motion pictures on DVD for use of short portions for the purpose of analysis, criticism or commentary
• Noncommercial videos and documentary films, for educational purposes
• Nonfiction multimedia e-books offering visual or film analysis, for educational purposes
• Motion pictures via online distribution services for use of short portions for critical and educational purposes.
• Motion pictures on DVDs where circumvention is required to enable screen capture for the purposes listed above
• Motion pictures via online distribution services where circumvention is required to enable screen capture for the purposes listed above. 

Archive and Replacement Copies of works in the Library’s collections

The library may, at its discretion, make up to three digital copies to preserve access to a library owned item which is damaged, deteriorating, lost, stolen, or in obsolete or soon-to-be obsolete formats after conducting a thorough search for replacements available for sale in the marketplace at an affordable price. The purpose of such copies is to provide for future access to materials relevant to the mission and scope of the libraries collections which might otherwise become unavailable, not for convenience or financial gain. 

The following conditions apply to the making of archive copies:

• The Library is open to the public
• Items are made available to NMJC students, faculty, staff and guests
• Archive and replacement items may not be distributed digitally or made available in a digital format outside the premises of the college library.
• Publicly accessible catalog records must reflect the item’s existence as an archival copy, its copyright status, and its limitations of use
• All copies must carry a notice of original copyright. 

Related Copyright Educational Materials

Copyright educational materials available through the NMJC Library may be found in the Research Guide. 

Presentations, workshops and consultations available by request.  

References: 

This document relies extensively on public domain material provided by the United States Copyright Office and on proprietary material provided by NMJC on its public website. These are interpreted and applied here, to guide and assist practical decision-making. Authority rests with the original law and policy. Please report any errors or omissions to the Libraries Copyright Coordinator.

• United States Copyright Law
• Fair Use Exclusions
• Guide to Copyright
• TEACH Act
• Digital Millennium Copyright Act - DMCA
• Student Code of Conduct
• Technology Use Policy

 

Course Reserves

Purpose

Academic Course Reserves (Reserves) support enrolled students’ academic success by providing timely access to required course materials on a reasonable and limited basis in accordance with United States Copyright Law “Fair Use” provisions, following guidelines provided by the Association of Research Libraries (ARL) Code of Best Practices in Academic Libraries. Proper use of Reserves assists the college in its efforts to avoid copyright infringement, while providing access to a wide variety of materials for study. Reserves are intended for supplemental use only, to meet the instructional objectives of faculty and the scholarly needs of our students.

Reserves are not intended to serve as a replacement for student ownership of required textbooks, readers, anthologies, or ancillary materials. Borrowers are responsible for following the guidelines for patron-initiated duplication when making personal copies of reserve items. Personal copies are for individual scholarly use only, not for distribution. See Copyright and Intellectual Property Policy.

Availability of Materials

Contents of Campus Library Reserve collections vary, and are largely determined by individual faculty, departmental, and college contributions. 

Circulation of Reserves

Reserves are kept behind the Circulation Desk and loaned for three-hour periods, without renewals, during the Library’s open hours, to ensure access for the greatest number of NMJC patrons. Certain restrictions apply.

• All reserve items are due 15 minutes before closing regardless of check-out time.
• Reserve items should be returned directly to the Circulation Desk staff.
• Patrons may check out one reserve item at a time, with the exception of items which are required to be used together for the same course.
• Full-time Library staff may approve the loan of two reserve items at a time, at their discretion.
• Reserve items may not be placed on hold and are not eligible for campus-to-campus loans.
• Faculty and staff may be allowed to borrow reserve items for up to 24 hours to facilitate instruction and tutoring services. This privilege is not intended to replace the purchase of required textbooks for those faculty and staff enrolled in NMJC courses. 

 

 

Overdue, billed and restricted reserves

Special measures are put in place to help ensure the timely return of reserve items, and their continued availability for loan.

• Reserve items become “overdue” two hours after checkout, unless otherwise specified by the instructor.
• Patrons with overdue reserve items are automatically notified via NMJC email or phone.
• Standard reserve replacement fees are promptly billed to the patron’s NMJC account, and the patron’s NMJC account is blocked, until the issue is resolved with the Library.
• Patrons failing to return, replace or pay for billed reserve items will not be extended further borrowing privileges, consistent with the NMJC Library Circulation Policy and Library Code of Conduct, and will be referred to the Dean of Students.
• Please contact a library staff member for help with overdue reserve items. 

Placing Materials on Reserve

School, department, and instructor-owned materials placed into Reserves are considered long-term loans to the Library. 

• Individual faculty, departmental or school representatives may submit items for Reserve.
• All items must be accompanied by a completed, signed Course Reserves Form.
• Online Reserve Request Forms and printable Course Reserves Forms are available on the Library’s website.  

Eligibility for Reserves - Copyright Considerations

Eligibility for Reserves is made possible by the “right of first sale doctrine” and Fair Use exclusions to copyright protections, as established in U.S. Copyright Law. 

Items eligible for Reserves include:

• Department or faculty-owned copies of books and original copies of media, including required textbooks currently in use at NMJC, may be loaned to the Library for placement on Reserve until superseded, replaced, or returned to the instructor.
• Items in the Library’s circulating collections, for which the instructor has determined a Fair Use, may be placed on reserve for one semester, subject to renewal.
• Single copies or collections of selected short works, articles, poems, or sections of books which fall within Fair Use: 
  • with copyright information and limits of use clearly imprinted on the face page may be placed on reserve, without expressed permission, for a term of one semester;
• Single copies or collections of selected short works, articles, poems, or sections of books which Exceed Fair Use, will be accepted for the period for which permission has been granted, when submitted with:
  • copyright information and limits of use clearly imprinted on the face page,
  • Instructor’s certification of copyright holder’s permission for each item.
• Copies of materials obtained or derived from the “creative commons” with attribution and license information displayed, subject to the terms of their licenses.
• Copies of materials in the public domain, including but not limited to government documents, with their copyright information clearly imprinted on the face page.
• Copies of instructor-authored materials, for which the instructor or NMJC owns the copyright.  

Items ineligible for Reserves include:

• Examination copies of textbooks reviewed, but not adopted, for use as NMJC textbooks.
• Consumables or copies of consumables such as workbooks, which are designed for a single user, without written permission from the copyright holder.
• Copies without complete attribution and copyright information imprinted on the face page.
• Copied material, used in a previous term, for which Fair Use no longer applies, without written permission from the copyright holder.
• Print copies of items obtained through the Library’s electronic databases.
• Items or copies of items obtained through Interlibrary Loan.
• Student work without written permission from the student (copyright holder).
• Unauthorized copies of broadcast media for longer than one week from the broadcast date without copyright holder’s permission.
• Unauthorized (non-original) copies of audiovisual media.
• Audio-visual media without the attribution and copyright information displayed.
• Software.
• Student discs containing single-use access codes to online publisher content.

Faculty Responsibilities

Due to the complexity and individual nature of Fair Use decisions, and the need for documentation of each copyright Fair Use decision, faculty are responsible for understanding the scope of Fair Use and: 

• Conducting their own good-faith Fair Use analysis for each use of each qualified work to be placed on reserve in the Library, and documenting their determinations in writing.
• Providing attribution and copyright information including the author’s name, title of publication from which an excerpt was made, copyright holder if not the author, and date of copyright on printed copies of protected materials.
• Providing Fair Use analysis documentation when requested by the Libraries.
• Providing written copyright permission when required by statute.
• Providing a signed Reserve Request form for each item to be placed on reserve, certifying that the signing faculty takes full responsibility for Fair Use determinations. 

The Library honors faculty determinations of Fair Use, while reserving the right to return requests which:

• Include quantities of copied material probably exceeding Fair Use.
• Fail to meet stated eligibility requirements or provide required documentation.

Faculty are responsible for their own good-faith Fair Use determinations. Notwithstanding this, the Library will not accept items for placement on reserve which violate this or our copyright policy or which we judge to exceed Fair Use as defined by the U.S. Copyright Act without evidence of the copyright holder’s permission. For more information on Fair Use and what might be considered reasonable quantities of material see the Guide to Copyright Information.

Library Staff Responsibilities

Designated staff provide information and assistance to faculty and staff in the processes of accepting, documenting, and managing reserve items and the local Reserve collections. 

Library Management of Reserve Items

Reserve Requests will be processed in the order received, and take one to two weeks to appear in the catalog and become available for borrowing. The Library makes every effort to ensure the safety and return of items placed on Reserve, but do not take responsibility for replacement of items which may be damaged, lost or stolen. Library labels and markings may not be completely removable. 

Expired Reserves

​Reserve book and media collections and their documentation will be reviewed annually by designated staff to keep Reserves current. Photocopies will be reviewed at the end of each semester, to avoid exceeding Fair Use. 

• Designated campus library staff will contact individual faculty, six weeks before items are due to expire, requesting information required for their continuation or return. 
• Expired items will be removed from the Reserve collection by the expiration date, unless the faculty member has replied within two weeks and:
  • Confirmed that eligible items are still in use and should be extended to a new expiration date;
  • Provided copyright permissions for any photo copies making them eligible for continuation on reserve.
• Department or school-loaned copies of textbooks in current use will be kept until superseded or replaced.
• Superseded textbooks, which are no longer wanted by the owner, but which meet the Libraries’ collection development criteria, may be donated to the Libraries. 

Upon expiration:

• Library-owned items will be de-processed, their reserve cataloging removed from the catalog record, and returned to the circulating collection.
• Faculty-owned items will be removed from the catalog and de-processed before return to individual faculty.
• Items may be picked up by faculty at the Library Circulation desk or sent to faculty via intercampus mail.
• Unclaimed books or media items will be treated as gifts to the Library and added to the collection or disposed of following the Library’s Collection Development Policy.
• Unclaimed photocopies whose eligibility for Reserves has expired will be destroyed. 

Records Management

Paper copies of course reserve forms will be retained for a minimum of one year after an item has been removed from Reserves. 

Donations for Reserve

Under the “right of first sale doctrine”, books and original copies of media legally owned by students, faculty, departments or schools may be donated to the Library, where they may be accepted for the circulating collection according to Collection Development Policy criteria, and become eligible for placement on Reserve.

 

Interlibrary Loan Policy

What is Interlibrary Loan?

As defined by the Interlibrary Loan Code for the United States, "Interlibrary loan is the process by which a library requests material from, or supplies material to, another library. The purpose of interlibrary loan as defined by this code is to obtain, upon request of a library user, material not available in the user's local library."

• Interlibrary Loan is a service provided by NMJC Library to assist the college community with their research needs.
• The purpose of ILL is to get library materials that we do not own from other libraries for NMJC students, faculty, and staff.

ILL Terminology: Borrowing vs. Lending

Borrowing: When NMJC Library borrows materials from other libraries for our users.

Lending: When NMJC Library loans our materials to other libraries. (Note: Only ILL staff and designated staff handle lending requests.)  

Who can use NMJC Interlibrary Loan?

• Currently enrolled NMJC students (includes GED, ESL, dual credit, and distance learning students)
• NMJC faculty
• NMJC Staff
• Community Members who have an ELIN library card

 

Interlibrary Loan Requests (Borrowing)

ALL Interlibrary Loan borrowing requests must be submitted via a user’s library account. Items will only be borrowed from libraries in the contiguous United States.

Basic Rules: 

• Items that are held by NMJC Library, regardless of format (electronic, print, etc.) will not be requested.
• NMJC items that are checked out or on hold will not be requested.
  • Users may place a hold on the checked out copy and will be notified when the item is returned.
  • NMJC items that have a status of LOST or BILLED can be requested.
• Users should submit ILL requests at least 14 days before items are needed.
• Users may submit up to 10 requests per week.
• Incomplete or incorrect requests will be canceled.
• Requests for materials only held outside of the United States will be canceled.
• Rush requests are considered on a case-by-case basis and should be referred to the ILL Coordinator. 
• Borrowing requests for books by students will not be made one week prior to the end of the semester unless the student is already registered for the next term.

Formats Borrowed:

• Books (print)
• Journal articles

Formats Not Borrowed:

• Textbooks
• A/V materials (Some faculty/staff exceptions for A/V. Have faculty/staff member contact the ILL Coordinator.)
  • DVDs
  • VHS tapes
  • Kits
  • Anatomical models
  • Computer software
• eBooks
• Complete Journal Issues

Turnaround Time

• Books loaned to the NMJC Library can take up to two weeks to arrive, depending on how far they must travel and shipping method used.
• Articles are delivered electronically and usually arrive within 72 hours.
• Books are sent library rate through U.S. mail.

Due Dates, Overdues, and Renewals

• Journal articles
  • Delivered electronically
  • Do not need to be "returned"
• Books
  • Check-out time varies for books, but is usually no less than 3 weeks. Unless otherwise stated, one renewal is allowed for books.
  • Patrons are notified via email when their requested item(s) are available for pick-up. No other notifications are sent. Books not picked up by their due date will be returned to the lending library.
  • When an item becomes overdue, up to three (3) overdue notices are sent.
    • Fines are not collected for overdue ILL items.
    • If the item is not returned after the third overdue notice, the user's Interlibrary Loan privileges are blocked and a note is placed in the user's account.
    • The user has one (1) year to return the ILL item. If the item is not returned after one year, the user is billed for the item.

Fees

• No service charge is assessed for locating and requesting materials.
• The ILL staff will make every effort to borrow materials from libraries for free.
  • In the event that the item is only available from a library that charges a fee, the requester will be notified and can either withdraw the request or contact the ILL Coordinator. NMJC Pannell Library will cover up to $25 per user per year for these types of fees.
• The user is responsible for any charges assessed for materials that are overdue, damaged, or lost.

Interlibrary Loan Requests (Lending)

ALL Interlibrary Loan lending requests are submitted handled by designated staff.

NMJC items will not be loaned to libraries outside the contiguous United States.

Formats Loaned:

• Books (print)
• Journal articles (scanned articles from print journals only)
• AV Materials

Formats Not Loaned:

• Textbooks
• Reserve Items
• Serials
• eBooks
• eJournal articles
• Reference materials

Copyright

• NMJC Library’s Interlibrary Loan service is dedicated to honoring United States copyright law and strives to be in compliance.
  • Copyright activities of Interlibrary Loan are governed primarily by Section 108 of the U.S. Copyright Law.
  • Some provisions of Section 107 (Fair Use) can be applied to ILL activities.
  • Copyright law restricts libraries to request no more than five articles from the same journal, magazine, or newspapers published in the last five years.
• NMJC ILL follows National Commission on New Technological Uses of Copyrighted Works (CONTU) guidelines regarding "the amount of photocopying for use in interlibrary loan arrangements permitted under copyright law."
  • Rule of thumb: Approximately 50 photocopied/scanned pages per request.

 

NMJC Library Code of Conduct

The NMJC Library’s Code of Conduct guides staff and patron behavior in the Library and is governed by the NMJC Employee Handbook and the NMJC Student Code of Conduct. The Library’s Code of Conduct draws on the American Library Association Code of Ethics, and embodies the values expressed in the NMJC Vision: Access, Responsiveness, Effectiveness, and Excellence.

NMJC Library provides an environment for learning and critical thinking where intellectual freedom and social responsibility flourish. 

We value

• Being an integral part of teaching, learning and research
• Promoting equitable access to information resources  
• Offering format-sensitive and diverse resources
• Providing user-centered services at the patron's point of need
• Developing ethical, informed and self-reliant information users  
• Enriching the college experience.

Library staff and student employees adhere to principles for staff behavior listed in the Employee Handbook. All students, whether employees or patrons are expected to follow the guidelines in the NMJC Student Code of Conduct. 

NMJC Guests are bound by the terms of the Student Code of Conduct.

Patrons are expected to:

• Treat the Library, its resources, staff and other patrons with respect (silencing cell phones, utilizing headphone, etc.)
• Provide current, valid, photo identification when requested
• Adhere to all NMJC and Library policies, published on our website
• Preserve the Library’s environment as a place to work, study and engage with others.

Children under the age of 15, except those enrolled as NMJC students, must be accompanied by and be under the direct supervision of an adult parent or guardian at all times. Parents/guardians are liable for all acts of minor children in their care.

Disciplinary Process - A patron may receive a verbal or written warning regarding a violation of a Library Policy from a library staff member. Repeat instances of any violation or serious violations may result in the patron being barred from using the Library and referred to the Dean of Students or reported to NMJC Security by the Library Director.

 

Library Educational Services

NMJC Library provides educational services contribute to the teaching mission of the college; reinforce instruction and develop students into more effective researchers. Library educational programs and materials support NMJC instructional objectives and develop teachers and learners at all levels into more skilled, confident, and self-sufficient users of networked information systems. 

What is "Information Literacy"?

The abilities to find, evaluate and properly use authoritative information in a dynamic and rapidly expanding electronic information environment are as important as any other foundational skills that students are expected to acquire during their community college experience. “Information literacy” includes the interrelated skillsets of performing critical research facilitated by computers and the internet, traditional literacy, analytic and creative problem solving, responsible uses of information, and the avoidance of plagiarism. This complement of skills contributes to academic, personal and career success, lifelong learning, and good citizenship. The Library offers a variety of accessible educational services and resources designed to assist teachers and learners acquire these skills and apply them to a diverse array of research processes. Library educational services include scheduled face-to-face Library Instruction classes; self-paced online instructional modules, and Research Guides; and personalized Reference Assistance. 

Face-to-Face Library Instruction

Program Standards: The NMJC Library Instruction program integrates the Association of College Research Libraries (ACRL) Guidelines for Information Literacy Competency Standards for Higher Education into library instruction, and aligns ACRL’s Information Framework with NMJC course curricula.

Class Customization –invites instructional innovation in delivery, method, and content: Librarians work directly with instructors to understand a classes needs and embed instructor-provided research assignments into the class. This makes library instruction more relevant and has shown to increase student engagement and retention of information. We provide several in person teaching options: traditional lecture/demonstration, combination lecture/demonstration and class assignment, or very short lecture/demonstration with an emphasis on students working on their own research topic (with or without customized worksheet) or a library scavenger hunt. Class instruction introduces the use of library resources to students in a hands-on computer lab. Instructional content and methods supports information literacy competencies appropriate for all levels.

Classes may include the following:

• An introduction to the libraries services and resources
• A tour of our website and/or physical library
• Demonstrations of research tools, techniques, search strategies and information evaluation
• Any information literacy, critical thinking, or research topics that faculty wish to include. 

Evaluation: library instruction assessments provides opportunities for staff to improve instruction and to provide the public and NMJC with information regarding the quality of our services. Assessing Library instruction accomplishes the following:

• Determines what students have learned
• Documents the effectiveness of instruction
• Reinforces learning: Key performance indicators include a student’s ability to:
  • Use library services in order to access resources.
  • Evaluate information in order to distinguish appropriate, quality resources.
  • Employ search strategies in order to effectively retrieve relevant information.
  • Cite sources in order to give credit to others’ ideas and avoid plagiarism. 

Online Resources for Distance Learning, self-paced learning, and supplemental use​

Library instructional materials are available to instructors and students online through a series of self paced, videos embedded in Canvas and on the Library’s webpage as “Research Guides”. Vocabulary, concepts and skills introduced are similar to those covered in face-to-face Library Instruction, while also providing:

• greater depth of explanation of general information, with examples
• visual presentations of verbal information
• slower pace, extended exposure time, and opportunities to review
• multiple opportunities to self-test for comprehension.

General as well as specialized library skills, topics, and information are addressed in the Research Guides available on the Library’s website. This set of searchable guides covers topics from basic library resources concepts to highly detailed subject-specific guides and bibliographies including links to valuable online learning content selected by NMJC Librarians. Instructors are encouraged to assign appropriate modules and Research Guides and to embed them into research assignments. These may be used as material to supplement face-to-face Library Instruction or may be used by the instructor or students in place of Librarian-led instruction. 

Reference Assistance

Reference assistance is available through the Library’s Reference Librarian; in person, by phone or via email: referencelibrarian@nmjc.edu. Patrons may receive personalized help finding answers to immediate questions or locating resources, while also receiving valuable on-on-one instruction on the research process and development of a search strategy appropriate to their skill level, topic and information needs. 

 

Library Safety and Security

NMJC Library Safety and Security Policy follows the information and directives provided by NMJC Campus Security Department and the NMJC Student Code of Conduct. This Policy and related guidelines clarify expectations for Library staff and library-specific applications to help ensure a safe, secure environment for work and study.

General Preparedness, Prevention and Precautions

• Remain calm, alert, and in control of yourself
• Be aware of your environment
  • Know the names of buildings, offices and locations in your area
  • Know the names of people who work in your area, and their roles
  • Know the locations of safety and security features in the building
  • Keep current emergency contact information readily available 
• Be familiar with NMJC and campus safety drill procedures
  • Be prepared to respond promptly and appropriately
  • Know the exit routes and follow directions
  • Cooperate with Campus Security and building administrators
• Practice safe work habits and take steps to minimize risks
  • Secure personal belongings, library facilities and property
  • Protect private, sensitive, and proprietary information
  • Practice prevention
  • Be prepared
• Remain visible and available when on duty in the public areas
  • Stroll around, especially through little-used areas, at intervals
  • Pay attention to who is in the space
• Be informed of definitions of inappropriate and crisis behaviors
  • Be prepared to respond to complaints, difficult situations, and emergencies
  • Discuss and plan responses to unexpected and adverse events with fellow employees
• Be prepared to respond appropriately to misbehaviors unique to the Library, such as
  • Excessive and monopolistic use of a public resource
  • Misuse or abuse of library resources, vandalism, theft
  • Inappropriate use of the facilities or resources which threaten the rights of others
• Prevent or report information promptly and appropriately to a supervisor or Security.
  • Report potential hazards which pose risks to facilities, collections, staff, or patrons to supervisor
  • Distinguish between suspicious or problem behavior, as non-emergencies, and life-threatening safety, security, medical emergencies, and crimes-in-progress as emergencies
  • Be prepared to file factual and informative incident reports when required
• Remain informed of changes to NMJC safety and security policies and procedures
  • Regularly review NMJC safety security information
  • Participate in available trainings
  • Discuss emerging issues and concerns, as appropriate, with those around you

Responsibilities

NMJC Security, Hobbs Police, and Lea County Sheriff’s Departments are responsible for campus security. Hobbs Fire Department provides help in emergency medical situations. In situations which require the assistance of security officers, safety or emergency service providers. Library staff will:

• Report emergencies promptly to NMJC Security 399-2033 or 911
• Cooperate with safety and/or security officers
• Follow directives of emergency service personnel
•  Avoid interfering with emergency responders or investigators
•  Preserve evidence related to theft, vandalism, or other crimes
•  Report problems or concerns to Library Director.

Limits of the Library staff’s authority and responsibilities

Library Staff are responsible for following

• NMJC Safety and Security Policies
•  Municipal, State and Federal Laws and codes
•  Procedures for handling library-specific safety or security situations

Libraries Staff are not responsible for enforcement of NMJC Policies or Law.

Reporting Incidents

• Library staff work with library patrons, staff and NMJC security to resolve issues on-site
•  Serious, non-criminal violations of the library’s policies by students or guests, which cannot be resolved are reported to the Library Director
• Criminal violations are reported immediately to NMJC Security and to the Library Director
• Copies of factually detailed incident reports will be kept on file by the Library Director

 

 

Children in the Library Policy

The NMJC Pannell Library welcomes children accompanied by parents or guardians as visitors to the library and encourages parents and guardians to engage with children in the enjoyment of children's books and literature.

Children in the Library are governed by NMJC's policy for children on campus.

• Children under the age of 15, except those enrolled as NMJC students, must be accompanied by and be under the direct supervision of an adult parent or guardian while visiting the library.
• Parents or guardians will be held responsible for minor children in their care.
• Parents or guardians accompanying children whose behavior is disruptive or potentially unsafe may be asked to leave with their children.