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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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