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COPYRIGHT POLICY FOR RESERVES

Stevenson Library Reserves Copyright Policy supports and advances the Constitutional principle that the fundamental purpose of copyright is to promote the progress of science and the useful arts through the broad dissemination of information in a manner consistent with current copyright law. Stevenson Library’s course reserves system serves to provide valuable readings and other materials that support the instructional requirements of specific courses. Essential to effective fulfillment of the Library’s foundational role in the college setting is the confident and lawful exercise of legitimate use rights as set forth in the fair use provision. For institutions of higher education, the cardinal portion of the Copyright Act is Section 107 of the Copyright Act, the fair use provision.

Section 107 Fair Use:
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship and research. In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include:

  • The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  • The nature of the copyrighted work;
  • The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  • The effect of the use upon the potential market for or value of the copyrighted work.

The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
Electronic Reserves is an extension of traditional library services and will be provided in a manner that respects fair use rights, the rights of copyright holders, and current copyright law. The electronic copying and scanning of copyright protected works for library reserve service and distance learning are unsettled areas of the law, which may be addressed by courts and/or legislation. Stevenson Library will continually monitor legal developments that may affect the fair use analysis of Electronic Reserves services to ensure that library services are in compliance with the letter and spirit of the U.S. copyright law.

General Rules for Fair Use:

  • Single Chapters.
  • Single articles from a journal issue.
  • Several charts, graphs or illustrations.
  • Other similarly small parts of a work.

Also include:

  • Any copyright notice on the original.
  • Appropriate citations and attributions to the source.

More information:
From ARL (Association of Research Libraries) -Code of Best Practices in Fair Use for Academic and Research Libraries