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Scope: The Library occasionally receives requests from law offices concerning when a publication was first made publicly available at CUL and/or to make and authenticate a copy of that publication from Cornell’s holdings.  Since this information may be filed with a court, this procedure insures that we are in compliance with University Counsel policy regarding these matters.  The following steps for responding to these requests are based on guidelines from Peter Hirtle, CUL’s former Intellectual Property Officer, in consultation with Cornell’s Office of University Counsel. 

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Unit: Senior Management Team

Date last reviewed: 06/0803/20172019

Date of next review: June 20182020

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Requests to verify when a publication was first made publicly available at CUL

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A. Requests to verify when a publication was first made publicly available at CUL

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    The LTS Acquisitions Coordinator, the Administrative Supervisor in Original Cataloging, the LTS Acquisitions Coordinator or another knowledgeable LTS supervisor should field these requests, which may come directly from an attorney (or his/her office) or from staff elsewhere in CUL. Note: Forward requests related to Law Library items to the Associate Director of Information Management at Law.
  2. Advise the attorney or law office that we will do the required research and if possible, provide a signed, notarized affidavit containing this information for a processing fee of $100.
  3. Retrieve the item(s) and check date stamp(s), record creation dates in Voyager, and/or any other indications of when the item(s) would have first become available for patron use.
  4. Fill out the appropriate affidavit for reporting and attesting to the veracity of the information you provide, editing the text of the sample form as appropriate.
  5. Consult Lyndsi Prignon, or other CUL or CU notary public, to witness your signature and notarize the form.
  6. Prepare an invoice for the processing fee, editing the text of the sample form as appropriate.
  7. Mail, fax, or scan the affidavit and invoice as instructed by the attorney or legal office that requested the information.
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    Submit copies of the affidavit to the CUL’s Intellectual Property Officer, the AUL for Library Administrative Services, and the Director of Library Technical Services .
  9. Submit copy of the invoice to the appropriate accounts representative, indicating that payment should be deposited in LTS account L54-3700.

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