Copyright Guidelines of Reserves

1. Current copyright law gives legal protection to nearly all materials that an instructor might place on reserve.
2. If the instructor is not the copyright owner of the work, that material may be placed on reserve only if:
   • Copyright owner grants permission, OR
   • License to use the material is purchased, OR
   • The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

   AND

   • The use is a “Fair Use” under the law. The Fair Use Guidelines for Reserves describe general limitations on the scope of materials that can be included; citation and notice requirements; and access, use, storage and reuse of reserve materials.

Purpose of the Use – How will the materials be used, and by whom?

1. Materials may be placed on reserve only if they are related directly to the objectives of a specific course. Only those portions of the work relevant to the objectives of the course may be placed on reserve.
2. Materials may be placed on reserve only at the specific request of the instructor.
3. Access to Electronic Reserve materials will be limited by password or other means to deter unauthorized access beyond students enrolled in the specific course for which the specific materials are needed.
4. Students should not be charged specifically or directly for access to reserve materials, and no person or unit at the university should benefit monetarily from the use of the material.

Nature of the Work – What is the format of the work?

1. Each type of material has different allowable uses before permission from the copyright holder is required. Check with the library.
2. The law of fair use applies more narrowly to highly creative works; accordingly, the library will generally not accept for reserve substantial excerpts from novels, short stories, poetry, and modern art images.
3. Duplication of informational materials prepared for public consumption (like newspapers, news broadcasts, government documents) is more likely to be considered fair use.

Amount of the Work – How much of the work will be used?

1. Materials placed on reserve will generally be limited to brief works or brief excerpts from longer works. See the section on “Brevity” below for specifics.
2. Different guidelines apply to different formats. Check with the library to determine exactly how much of the work can be used.
3. As the amount duplicated increases, fair use decreases.
4. Amount of materials must be reasonable for the scope of the assignment.
5. The number of copies must be reasonable for class size.

Effect of the Use on the Market for the Original – Will the intended use cause the copyright holder to lose sales?

1. Reserves may not include any material unless the instructor, the library, or another unit of the educational institution possesses a lawfully obtained copy (either purchased or copyright permission obtained).
2. Repeat use of the same material by the same instructor for the same course will require permission from the copyright owner; if the materials on reserve are not owned by the instructor, the library, or another unit of the university, the library must return all materials on reserve to the instructor at the end of the term unless permission for repeat usage has been provided by the copyright owner.
3. Photocopies on reserve must include a citation of the original source of publication (which faculty will need to provide the library), and a copyright compliance agreement, signed by the faculty member.
4. Materials on electronic reserve will include a copyright compliance notice and a statement advising users that the materials are made available exclusively for use by students enrolled in the course and must not be distributed beyond that limited group
5. Materials on reserve may not include any works that are available for students to purchase – whether as a book, coursepack, or other work – in the campus bookstore or other outlet.
6.   No materials may be from works intended to be “consumable,” such as workbooks, exercises, test booklets and answer sheets, etc.
7. Copies may not have been used to create or replace anthologies, compilations, or collective works.

Following are specific applications of the Fair Use factors

1. Brevity (amount to be used)
   • 250 words for a poem
   • 2,500 words for a complete prose article
   • 1,000 words from a longer work
   • One illustration per book or periodical
2. Spontaneity (effect on the market):
   • If there is not a reasonable amount of time to get permission before using the item for maximum educational effect, you may do so.
   • If you wish to use it again, you must get permission.
   • Copies may not be used with respect to the same item by the same teacher from term to term, unless permission has been granted.
3. Cumulative effect (effect on the market):
   • Same copies can’t be used for more than one course
   • No more than one article from the same author can be used, nor more than three excerpts from the same collective work or periodical
   • No more than nine instances of multiple copying per course per term.