Library Regulations for the Universitäts- und Landesbibliothek Düsseldorf as of July 16, 2007

Last amended by the Amendment to the Terms and Conditions of the Universitäts- und Landesbibliothek of February 4, 2010

Based on Section 2 Subsection 4 of the Gesetz über die Hochschulen des Landes Nordrhein-Westfalen (Hochschulgesetz – HG – law on the universities of North-Rhine Westphalia) of October 31, 2006 (GV NRW page 474), last amended on May 5, 2009 (GV.NRW. 2009 page 308), Heinrich Heine University Düsseldorf issued the following rules:

§ 1 General Information

(1) The Universitäts- und Landesbibliothek Düsseldorf (henceforth ULB) is a public academic library. It mainly serves the purposes of research, teaching and studying, but in addition also that of professional education as well as education in general. Furthermore, it fulfils the duties of a North Rhine-Westphalian State Library for the region of Düsseldorf. (2) The ULB is one of the central facilities according to Section 29 Subsection 2 of the Gesetz über die Hochschulen des Landes Nordrhein-Westfalen (law on the universities of North-Rhine Westphalia). (3) It comprises the entire media holdings necessary for fulfilling its tasks stocked in the central library, the medical department, the decentralized libraries and the subject reference collections. (4) The ULB lends its holdings if they are not reference holdings. The faculty libraries are mainly made up of reference holdings.

§ 2 Data Collection and Protection

(1) The ULB is authorized to collect and process personal data insofar as this is necessary for fulfilling its tasks. For this purpose, data can also be collected and processed by a centralized directory service. (2) The personal data required for admission to use the library must be disclosed to the ULB. The ULB has to be immediately informed about any changes to the data. Persons who do not respect this rule are liable for any costs resulting from this. (3) For reasons of data security, every user of the ULB receives a membership number and a password, which can be changed by the users themselves. Every user is responsible for securing their password from unauthorized use. (4) Personal data are subject to data protection regulations.

§ 3 Admissions

(1) If you want to use the ULB you need to be admitted. An admission forms the basis for a usage relationship under public law between the user and the ULB. The nature of this relationship is defined in these regulations. (2) The following persons are eligible for admission: members of Heinrich Heine University Düsseldorf (henceforth HHU), members of the other universities and academies in Düsseldorf and the Düsseldorf Business School as well as academics from other institutions of higher education in Germany and abroad while they are visiting scholars at HHU. They can be admitted after having registered. (3) Other persons residing in the Federal Republic of Germany must apply to be admitted. (4) Registration and application have to be done in person. To do so, a German identity card or a passport and a registration confirmation – no older than one year – from the residents’ registration office (Einwohnermeldeamt) in addition to the passport have to be presented. Students also have to present their student cards. Members of the university staff who do not appear in the current course catalogue have to provide proof of their employment at HHU. Visiting scholars have to present a written confirmation from HHU or one of its departments. (5) On admission, a membership card will be issued. The card is non-transferable. Its loss must be reported to the ULB immediately. (6) Every user is bound to observe these regulations. (7) Minors belonging to one of the groups of persons given in Subsections 2-3 need a signature from their legal representatives to submit a registration or application. (8) For communicating with students of HHU, the ULB uses only those e-mail addresses the students have been given upon their enrolment (Section 4 Subsection 5 Clause b and Section 6 Subsection 2 of the Einschreibeordnung der Heinrich-Heine-Universität Düsseldorf vom 28.02.2007 [enrolment regulations]). Other e-mail addresses are not permitted. (9) The ULB may require a personal guarantee as a security for the persons mentioned in Subsection 3. Members of the ULB are not allowed to act as guarantors. The ULB may ask for a legally attested declaration of guarantee. (10) An admission to use the library may be temporary or limited to the use of media within the library facilities. (11) The responsibilities resulting from the usage relationship continue to exist even after the relationship has ended.

§ 4 General Regulations for the Use of the Library

(1) In the interest of all users, the greatest care must be taken to avoid any disturbance or noise. (2) Instructions from the library or security staff must be followed. (3) Users have to present proof of their identity upon request. (4) Eating and drinking is only allowed in the foyers of the central library or the decentralized libraries respectively. Smoking is prohibited in all parts of the ULB. It is not allowed to bring animals onto the premises of the ULB. (5) Outerwear, umbrellas, bags, luggage etc. must be left in the lockers provided. The Ordnung für die Benutzung der Schließfächer und Schränke in den Gebäuden der Heinrich-Heine-Universität Düsseldorf [regulations for the use of lockers on the premises of Heinrich Heine University Düsseldorf] apply. (6) Library and security staff have the right to look into any bags, cases, etc. carried by users. Users have to present media they are taking into the library at the checkpoints. (7) The ULB is not liable for the loss or damage of objects that users have brought onto the premises of the ULB nor for losses caused by incorrect, incomplete or delayed usage as well as complete omission of usage. (8) Users must handle the media they use and all other property of the ULB (catalogues, data processing equipment, furniture etc.) with due care and avoid all damage or soiling thereof. Adding comments to or marking and underlining parts of media is prohibited. (9) In cases of loss, damage or failure to return media, users must pay damages to the ULB; charges will remain unaffected. Please refer to Section 6 of these regulations and the relevant legal basis concerning this.

§ 5 Use of the Internet

There are separate regulations for the use of the Internet and similar communication technologies (see Appendix 1).

§ 6 Charges and Expenses

(1) The amounts of charges, the reimbursement of expenses and damages according to Section 4 Subsection 9 of these regulations are based upon the Gebührenordnung für die Universitäts- und Landesbibliothek Düsseldorf as amended from time to time. (2) The recovery of charges set by the government and of expenses is based upon the Verwaltungsvollstreckungsgesetz des Landes Nordrhein-Westfalen [administration enforcement law of North-Rhine Westphalia] as amended from time to time.

§ 7 Opening Hours

(1) The opening hours are set by the Director of the ULB. They are published in the course catalogue as well as in other suitable places. (2) The ULB can be closed on special occasions. If possible, closure times will be announced early.

§ 8 Use of Media on the Premises of the ULB

(1) The holdings of the ULB can be used in the facilities provided for this purpose (reference). (2) Users can themselves take the freely accessible holdings from the shelves. Users must put these works back in their place immediately after use or, at the latest, before leaving the ULB. (3) Deliberate misplacing of media is strictly prohibited and regarded as a serious breach of the library regulations. Please refer to Section 22 Subsection 1. (4) Media kept in the closed stacks can be ordered for use in the reading rooms. These media can be kept ready for further use upon request, but only to the extent of the usual borrowing conditions (see Section 9). (5) In well-founded cases, access to the closed stacks may be permitted.

§ 9 Lending

(1) Media which do not fall into one of the categories in Section 10 can be borrowed for use outside of the library’s premises. A membership card must be presented for every loan. ULB staff have the right to ask for an identity card. (2) Media that are given out for loan due to a membership card being presented are regarded as borrowed by or on behalf of the owner of that membership card; this person is liable in case the media are not returned irrespective of whether it was their fault. (3) The user must check whether the information on their borrowing receipts is correct and complete. (4) Users may be banned from borrowing for as long as they fail to pay the fines for overdue media, as long as they delay returning books in spite of several reminders or as long as they fail to inform the ULB about changes in their address. (5) It is not permitted to take material out of the decentralized libraries without presenting a registration of the loan in the booking system.

§ 10 Lending Restrictions

(1) The following types of media are excluded from lending: 1. media from the reference holdings in the central library, the medical department, the decentralized libraries and subject reference collections, 2. manuscripts, old prints and autographs, 3. collections of tables, maps, atlases, sheet music, 4. microforms, 5. media of special value, 6. unbound media, newspapers, loose-leaf collections, 7. typewritten academic output, 8. media from course reserve collections, 9. copies of the textbook collection of the Faculty of Law to persons who are not members of HHU, the University of Applied Sciences Düsseldorf or the Düsseldorf Business School. (2) The ULB has the right to bar other media from use if this is objectively justified. (3) Furthermore, the use of certain media can be restricted if this is required by legal regulations or the rights of third parties. (4) In well-founded cases, short-term loans of media that are generally barred from lending can be permitted. (5) Media of special value can only be consulted under supervision in the special collections reading room. To do so, a membership card and an identity card or a passport must be presented. (6) The ULB has the right to set a limit for the number of media to be borrowed by one user.

§ 11 Loan Periods

(1) Loan periods and renewal conditions are set by the Director of the ULB in agreement with the standing committee for the ULB. (2) The loan periods of the respective lending libraries apply in cases of inter-library loans. (3) The ULB has the right to reclaim media before the end of a lending period if they are needed for official purposes, in particular for the purpose of revision. (4) For information concerning fines for overdue media, please refer to Section 6 of these regulations and the relevant legal basis.

§12 Holds

(1) Holds can be placed on media that are currently on loan. (2) Users receive a notice as soon as the medium they have placed a hold on is available. The medium is kept ready for collection for 7 calendar days on the pick-up shelves. (3) For information concerning charges for holds, please refer to Section 6 of these regulations and the relevant legal basis.

§ 13 Collection

(1) Ordered media must generally be picked up in person. The person collecting them must provide proof of identity. If a person collects media on behalf of someone else, they must present that person’s student or identity card or a written authorization. Please also see Section 9 Subsection 1 Clause 2. (2) Media are generally not sent out by mail. Exceptions to this rule need to be well-founded. Users have to bear the costs and the risks of the transportation to and from the ULB.

§ 14 Returns

(1) The media from the central library, the medical department and the law library must be returned to the respective check-out desks or by putting them into the book return boxes (see Subsection 3). (2) Media from the decentralized libraries and the course reserves must be returned to the library from which they have been borrowed. (3) The user will obtain a receipt for the returned media. Users are obliged to check that the details on the receipt concerning the return are correct and complete. If books are placed into the book return box (or in exceptional cases returned by mail) receipts will neither be sent to nor kept for the borrower.

§ 15 Ending Membership

(1) Students having finished their studies at HHU, the University of Applied Sciences or the Düsseldorf Business School will only receive the stamp of discharge from the ULB when they have returned all media and if the ULB does not have any further claims against the student. (2) The ULB can discharge a student even if there are still further claims resulting from the membership, if the student offers a guarantor or some other appropriate security and as long as the membership is not continued in a different form. (3) For all other members of the universities in Düsseldorf, the membership ends when leaving the university, as long as the membership is not continued in a different form. (4) For users who are not members of one of the universities in Düsseldorf, membership ends as soon as a permanent residence in the Federal Republic of Germany is no longer held.

§ 16 Course Reserves

(1) Media from the central library (if not in the reference holdings), and from the decentralized libraries can be assembled in course reserves for seminars and lectures at HHU.

§ 17 German and International Library Loan Transactions

(1) Media which are needed for scientific purposes and are not available in Düsseldorf can be ordered by way of the German Interlibrary Loan Transactions in non-local libraries with the help of the ULB. (2) Users must give exact bibliographic details. Orders with incomplete details may be refused. (3) Lending takes place under the regulations of the Leihverkehrsordnung für die deutschen Bibliotheken (Interlibrary Loan Transaction Order for German Libraries) in the current version and under the special conditions of the lending library. A membership card must be presented when the media are handed over. (4) Media which cannot be found in German libraries can be ordered within the International Loan Transactions from a foreign library. (5) The ULB only lends media to non-members in the following cases: 1. to German libraries in the framework of German Loan Transactions, 2. to foreign libraries in the framework of International Loan Transactions. (6) For applicable fees please refer to the Leihverkehrsordnung LVO (Loan Transaction Order) from March 8, 2004 as well as the decree by the Ministerium für Wissenschaft und Forschung MWF (Ministry for Science and Research) from June 8, 2005: “Anwendung der Leihverkehrsordnung vom 19.9.2003 (LVO) und Regelung der Auslagenerstattung” (Administration of the Loan Transaction Order from September 19, 2003 (LVO) and regulations for the reimbursement of expenses).

§ 18 Information

(1) For the purposes of information and compiling bibliographies, the catalogues, bibliographical aids and reference books are available to users in conventional and electronic forms. (2) Staff and technical conditions permitting, users can also receive advice by telephone or in verbal or written form on the basis of this assistive equipment. This only applies if the user cannot be expected to fulfil the research requirements themselves or if they do not have the possibility of using a closer library. (3) For applicable fees please refer to Section 6 of these library regulations and to the relevant legal basis.

§ 19 Online Research in Specialized Databases

(1) The ULB offers online research in specialized databases for a fee. A prior appointment is generally necessary for this service. (2) The ULB reserves the right to refuse or discontinue research if it seems factually necessary, especially if the research is unjustifiable for economical, technical or personal reasons. Members do not have a claim to accessing or using certain databases. (3) Research will be conducted according to the user’s request with due care and to the best knowledge of the ULB. The ULB cannot guarantee either the completeness or the quality of the research results. (4) As soon as the research results are submitted, the observance of existing copyrights, conditions and regulations is in the responsibility of the user. (5) For applicable fees please refer to Section 6 in these library regulations and to the relevant legal basis.

§ 20 Duplication Service

(1) The ULB can make duplicates of its library material at request or can give the task to someone else. (2) For reimbursement of certain expenses please refer to Section 6 of these library regulations and to the relevant legal basis. (3) The ULB reserves the right to refuse a request if it seems factually necessary, especially if the condition of the original does not allow a reproduction or if a copyright infringement is to be expected. (4) The observation of existing copyrights within the duplication service is completely in the responsibility of the client who has to show the permission on demand of the ULB. The ULB does not incur liability for existing copyrights. Should the ULB be held responsible for copyright infringement by a third party, the user is obliged to exempt the university from this claim.<(p>

§ 21 Using Manuscripts, Old Prints and Rare Media

(1) Manuscripts, old prints and rare media can be consulted in our special collections reading room. Generally, a prior appointment is necessary. (2) If the media are in the possession of the city of Düsseldorf, the city’s conditions of usage have to be observed. (3) For making any kind of reproductions from manuscripts, old prints and rare media, the user must seek permission by the ULB. (4) Users are obliged to notify the ULB about publications which result from the usage of manuscripts or old prints.

§ 22 Exclusion of Users

(1) Anyone who acts in contravention of these library regulations or disturbs the order of the ULB in any other form may be barred from using media or be submitted to restrictions by the Director of the ULB. (2) The person concerned has to be given a chance to defend their case. (3) The duties resulting from usage will remain. (4) The exclusion will be performed in written form and reasons are to be given. Notification has to be accompanied by advice on applicable legal remedies.

§ 23 Coming into Effect

These regulations come into effect on the day of their publication in the Amtliche Bekanntmachungen [official announcements] by Heinrich Heine University Düsseldorf. Issued according to the decision by the Heinrich Heine University Düsseldorf Senate of July 10, 2007. Düsseldorf, 16/07/2007 The Vice-Chancellor of Heinrich Heine University Alfons Labisch Univ.-Prof. Dr. med. Dr. phil. M.A. (Soz.)

Appendix 1. Regulations for the Use of the Internet and Similar Information Technologies

Contents

0. General Remarks

1. Liability Exclusion for the ULB towards Internet Service Providers

2. Liability Exclusion for the ULB towards Users

3. Warranty Exclusion for the ULB towards Users

4. Observance of Criminal Law Regulations

5. User Liability

6. Technical Restrictions

7. Organizational Regulations

8. Obligation to Observe these Regulations and Resulting Sanctions

0. General Remarks

These regulations complete the library regulations of the ULB of June 3, 2004.
In addition to these regulations, please also consult the principles and recommendations by the Hochschulrechenzentrum (university computer centre) , the DFN e.V. . and the ZKI. e.V. . currently in use.

1. Liability Exclusion for the ULB towards Internet Service Providers

The ULB cannot be held liable for

• disadvantages for the user which are caused by incorrect contents of the used media,
infringements of licensing rights as well as copyrights and their regulations committed by users,
• consequences of contractual duties between users and Internet service providers, especially financial commitments due to orders or the use of paid services.

2. Liability Exclusion for the ULB towards Users

The ULB cannot be held liable for

• disadvantages for the user which are caused by incorrect contents of the used media,
• disadvantages for the user which are caused by the usage of work spaces in the library and the provided files or media,
• disadvantages for the user which are caused by data abuse by others owing to insufficient data privacy protection on the Internet.

3. Warranty Exclusion for the ULB towards Users

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• the functionality of the provided hardware and software, especially regarding self service functions, and
• the availability of accessible information and media at the work spaces.

4. Observance of Criminal Law Regulations

Users are obliged

• to observe the regulations of criminal law and the Jugendschutzgesetz (protection of young persons act) as well as to neither use nor spread illegal information at the computer work spaces,
• not to manipulate files and programmes of the ULB or other people,
• not to use protected data,
• to use data and files on diskettes, CD-ROMS, DVDs, audio and video tapes or other data carriers solely for their own scientific intentions, to only make copies and compilations for their own use as long as no commercial purpose is pursued, and not to spread the data carriers after use.

5. User Liability

The users are obliged

• to take over costs that arise for the remedy of damage to ULB equipment or media caused by the user,
• not to pass on their access authorization to third parties,
• to take over all costs that have been caused by passing on their access authorization.

6. Technical Restrictions

It is not permitted

• to change desktop or network configurations,
• to eliminate technical problems on one’s own,
• to install programmes from user’s own data carriers or from the internet on computers if no explicit agreements to this end have been made,
• to use one’s own data carriers which are not explicitly permitted for the equipment.

The ULB has the right to prevent access to web pages which do not conform with the intended purpose of the ULB (e.g. chat rooms etc.).

7. Organizational Regulations

The use of the Internet work spaces – if not otherwise arranged – requires

• a minimum age of 18 years,
• personal registration of the user,
• the observation of time-related or programme-related restrictions after expiration of a guaranteed research time at the work spaces. The ULB can restrict the time of use and make occupied work spaces available for other users. Members of the university will receive preference over external users.

8. Obligation to Observe these Regulations and Resulting Sanctions

• By registering for internet work spaces or by being admitted to the library, users commit themselves to accepting and following these regulations.
• At the same time, the ULB can restrict the user’s claim to data protection to a necessary extent in order to dismiss damage and liability claims.
• The ULB can suppress the use of services which violate the regulations of data protection, the Jugendschutzgesetz (protection of young persons act) and the Strafgesetzbuch (penal code). In case of such violations, the ULB can use records of access, which are technically and legally possible, to provide evidence. Within the scope of legal regulations, recorded data will be deleted.
• In case of repeated misuse or disregard of these regulations and recommendations, the Director of the ULB can temporarily or permanently exclude the user after a hearing. The application of further sanctions designated in the library regulations are subject to the discretion of the Director.