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Course Reserves Copyright Guidelines

The Library Reserve service gives faculty the opportunity to supplement their required course materials; do not use reserve readings as the only assigned materials for a course or substitute them for an anthology. Also, remember not to use copying to create, replace, or substitute for a work. Fintel Library can only process reserve requests that do not  knowingly involve a violation of copyright law.

 - Placing a photocopied reading on Reserve the first time
 -
Re-using a reserve reading for successive semesters
 - Examples of copyright compliant and non-compliant items
 - Course Reserves Instructions for Faculty

March 1, 2001


Placing a photocopied reading on Reserve the first time

When you place a reading on Reserve the first time, Fintel Library presumes the reading meets the requirements of brevity, cumulative effect, and spontaneity. 

Brevity means your copies should not constitute a substantial portion of the total work. See specific examples under compliant items.

Cumulative effect means copies should not have a detrimental effect on the market. You should avoid:

  • copying an item for more than one course in the school.
  • copying more than one  work from the same author.
  • making more than three copies from the same collective work or periodical volume during one class term.

Spontaneity means you lack adequate time between the decision to use a work and the time needed to gain permission for its scheduled use.  Re-using material cannot be considered spontaneous.

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Re-using a reserve reading for successive semesters

Normally, you need permission from the copyright owner to re-use an E-Reserve reading or photocopy. For instance, re-using scanned or photocopied materials within 5 years of its original use requires obtaining permission. Provided adequate lead time (see "Deadlines and processing time") the library staff obtains permission and pays any fees  for you.

When we cannot obtain copyright permission at a reasonable cost, the materials must be removed from Reserve. However, you may : 

  • when possible,  refer students to an online, full-text copy in the Library's databases, i.e. Expanded Academic ASAP, Electric Library, JSTOR, Dow-Jones, etc.
     
  • ask your library liaison to purchase the book for the  library. 
     
  • place personally owned materials (books, journals) on Reserve.

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Examples of copyright compliant items

In general, for each item used you may place on Reserve one photocopy and one electronic (E-Reserve) copy or one photocopy per 10 students.

  • Books - You may place the entire book on the Reserve shelf or a photocopy of a complete chapter, poem, story or essay from a collected work if it does not constitute a substantial portion of the total work.
     
  • CDs  - You may place the original item, but no copies, on Reserve.
     
  • Journals & Newspapers - You may place a photocopy of one article,  poem, story or essay from a single issue per journal title on Reserve.
     
  • Illustrations - You may place one chart, graph, diagram, cartoon or picture per book or periodical issue on Reserve.
     
  • Public Domain works - You may reproduce works in the public domain  without restriction. Works created before 1923 or published without a copyright notice from 1923 - 1977 are in the public domain. See also When Works Pass Into The Public Domain.
     
  • Software - The Director of Information Services must verify license rights before you place software on Reserve.
     
  • Videotapes and off-air recordings- You may place the original item, but no copies, on Reserve. You may place off-air recordings on Reserve if you have permission from the copyright holder or: 
    • the program, when broadcast, could be picked up by a non-cable television set (using "rabbit ear" antenna) at the time of recording. Programs from cable sources, such as HBO, A&E, etc., are not considered "off-air" and must be licensed. Consult the list of broadcaster websites at  Channels.
    • the period of Reserve does not exceed 10 "school days" past the recording date.
Examples of non-compliant items
  • Consumables are works that are consumed in the classroom, such as standardized tests, exercises, and workbooks. These normally require permission from the copyright owner because photocopies violate Fair Use
     
  • Coursepack copyright permissions are granted to a specific professor teaching a specific course at a particular institution and permission is not transferable to the Library.
     
  • Non-circulating library items (reference books, most journals, bound periodicals) should not be placed on Reserve as doing so would be redundant.

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