Copyright FAQ

Frequently Asked Questions

Class notes and quizzes, student papers (by permission), links to websites or links to materials available through the Libraries' electronic subscriptions, small reproductions of copyrighted works, and any reproduced portion of items in the public domain may be placed on either traditional or electronic reserve.
 
Traditional reserves can also include Libraries owned books and media and instructor-owned books, journals, and media (must be original copies).
 
Items not eligible for reserve include Libraries-owned print journals and non-circulating items; items borrowed through Interlibrary Loan, Prospector, or from another library via other means; complete or excessive reproductions of copyrighted materials, course packs, and consumable materials.

Reserve policies are based on the Fair Use provisions defined in the United States Copyright Act of 1976 along with the American Library Association and Association of College and Research Libraries guidelines.
 
Consult the Libraries Copyright Law guide for more information.

Fair Use allows limited use of material without the copyright owner's permission. These limitations affect the amount, the period of time, and the circumstances under which the copyrighted material may be used. The fact that the material is being used for educational purposes does not make it exempt from Fair Use limitations.
 
 
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
 
  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. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

In addition to Fair Use guidelines, Libraries policy generally allows for the use of:
 
  1. One article per issue of a journal or newspaper
  2. One graph, table, photo, or illustration per issue of a journal or newspaper
  3. Up to 20% of a book or similar copyrighted work
 
Items available through the Libraries' electronic subscriptions are governed by vendor license agreements and may allow for a larger amount of material to be used.

Instructors are responsible for securing permission or clearance to use materials in excess of the Libraries policies.
Consult the Libraries Copyright Law guide for more information.

No. Materials collected in course packs have received permission of use from the copyright holder with the cost being passed on to the student. Fair Use requires that we take into account the "effect of the use upon the potential market for or value of the copyrighted work". Placing course packs on Reserve would adversely affect the cost paid to legally use the copyrighted items.

No. Materials collected in course packs have received permission of use from the copyright holder with the cost being passed on to the student. Fair Use requires that we take into account the "effect of the use upon the potential market for or value of the copyrighted work". Placing course No. Consumable materials, including standardized tests, workbooks, and exercises, affect the potential market for or value of a copyrighted work. Placing consumable materials on reserve would adversely affect the cost paid to consume the item.

No. Unless the material is within the public domain, it is still copyrighted and governed by Fair Use. Simply being out-of-print does not necessarily make an item part of the public domain. Currently, the public domain includes items published prior to 1929 or where the copyright has expired, items which the author has explicitly placed in the public domain, and items published by the U.S. Federal Government.

No. Copyrighted material should not be routinely used for the same class without copyright permission or clearance.

A Copyright Notice is a reminder that the copyright law of the United States (Title 17, United States Code) governs the making of photocopies and other reproductions of copyrighted materials. The Libraries are authorized to provide duplicate copies of materials for private study, scholarship, and research only. If a user requests or utilizes a reproduction for purposes in excess of these restrictions that user may be held accountable for copyright infringement.