US Copyright Law governs the use of copyrighted material, and therefore, has implications on the type and the amount of material that may be kept on Reserve. The Library and IRT uphold the US Copyright laws and enjoy the exceptions allowed according to the Fair Use guidelines. As stated in Section 107 of the US Copyright Act, educational, not-for-profit institutions are afforded special exemptions from copyright law. These exemptions, known as the Fair Use guidelines, pose questions for determining whether making a copy will be fair depending upon how the copied material will be used. Fair Use involves careful consideration of four factors and how they balance on a case-by-case basis:
Factor 1: What is the purpose of the use?
Materials should be placed on Reserve to support specific educational programs, courses, and outcomes at the request of an instructor. Access to these materials should be limited to the students enrolled in the course.
Factor 2: What is the nature of work to be copied?
The work should be relevant to the educational objectives of the course. Using works that are non-fiction or informational weigh more favorably as fair, than using works that are highly creative, such as, music, drama, art, images, fiction, and poetry.
Factor 3: What is the amount to be copied in proportion to the original?
The amount copied should be directly tailored and related to the educational objectives of the course. Reserve materials should be limited to excerpts from longer works, such as a book chapter, a journal article, a poem. The portion copied should not be central or significant to the work as a whole. Access to Reserve materials is limited to students enrolled in the course.
Factor 4: What is the market effect of copying?
All Reserve materials will include a copyright notice and a complete citation to the original work. Access to Reserve materials is limited to students enrolled in the class. A small portion of the original work is being used. Materials that are available for students to purchase (course packs, workbooks) will not be placed on Reserve.
The Library and IRT will seek permission and pay royalties for those Reserve submissions exceeding the Fair Use guidelines. Library and IRT staff will work with faculty to determine alternatives when costs become prohibitive or when copyright permission is denied.