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Copyright for Reserves Materials

These guidelines have been derived from the Fair Use provisions of the United States Copyright Act of 1976 (P.L. 94-553), the Model Policy Concerning College and University for Classroom, Research and Library Reserve Use published by the American Library Association, and the Draft document entitled Fair-Use Guidelines for Electronic Reserve System revised by CONFU participants in March 1996. It is the policy of the Library to exercise in good faith the full Fair-Use rights by faculty, librarians, and staff, in their teaching activities, while upholding the Copyright Laws of 1976, and to avoid, whenever possible, adopting or supporting policies or agreements that would restrict Fair-Use rights.

At the request of an instructor, the Library may place on Moodle reserve electronic copies of excerpts from copyrighted works in the Library collection or owned by the faculty member in accordance with the faculty reserve guidelines.  Examples include; chapters from a book; short stories, essays or poems; charts or graphs; diagrams; drawings; cartoons; or pictures from a book, journal or newspaper articles. In determining Fair Use for copyrighted works, the following factors must be considered (17 U.S.C. SS107):

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

Repeated Reserves
If a faculty member wishes to submit the same material in subsequent semesters for the same course, or if the item is used by multiple sections or by many instructors, permission from the copyright holder must be obtained. It is the responsibility of the instructor to obtain this permission. To apply for copyright permission, see the Copyright Clearance Center website. Instructors seeking copyright permission should allow 4-6 weeks for permission to be granted.

Electronic Reserves
Electronic reserves must conform to copyright laws (as stated above). The amount of reserve material must be reasonable in relation to the total amount of material assigned for one term of a course, and the effect of reproducing the material must not be detrimental to the market for the work.