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USF Library Course Reserves Guide
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Reserves Policy for University of St. Francis Library
Faculty and staff of the University of St. Francis may use copies of original materials to supplement teaching and research. The use of copyrighted materials is a right granted under the Copyright Law's doctrine of "Fair Use", which must not be abused. This document will outline the University's policy concerning the use of copyrighted materials by faculty and library staff.
University of St. Francis faculty members may place course materials on library reserve for a particular course at USF or they may house content on the electronic reserves server.
All content on library reserves (print or electronic) shall be in compliance with U.S. Copyright Law, or permission shall be secured from the copyright owner by the person seeking to use the material.
US Copyright Law (Title 17, U.S.C.) defines the rights of a copyright holder and how they may be enforced against an infringer. Included within the Copyright Law is the "Fair Use" doctrine which allows, under certain conditions, the reproduction of copyrighted materials. While the Copyright Law lists general factors under the heading of "Fair Use", it does not provide specific directions for what does or does not constitute fair use. The law states:
17 U.S.C. SS107. Limitations on exclusive
rights: Fair use
notwithstanding the provisions of section
106, 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 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.
In November 2002, the Technology, Education and Copyright Harmonization Act (TEACH) became part of Copyright Law. TEACH permits an accredited nonprofit educational institution, where other conditions are satisfied, to transmit materials over digital networks in an amount comparable to that which is typically displayed in the course of a live classroom session. If the provisions of the TEACH Act are met by institutions, the use of certain copyrighted works are allowed without permission from, or payment of royalties to the copyright owner, and without copyright infringement.
To comply with fair use guidelines and the TEACH Act, the original copyright statement from the item or a copyright warning must appear on the first page or screen of the copied work. If the material is being used for more than one course or subsequent (more than one) semesters, the faculty member must seek copyright permission and provide such records of copyright permission to the library staff to keep on file (see Appendix A for information about obtaining copyright permission). Without copyright permission, materials will not be placed on library reserve for multiple classes or semesters.
Materials in the public domain, or, not afforded copyright protection, may be used for library reserves. In order for copyrighted materials to be accepted for library reserves, materials must meet all provisions of the Fair Use doctrine and/or the TEACH Act.
Examples of copyrighted materials that are acceptable for library reserves without obtaining copyright permission are:
·
One article from a journal issue
· One chapter or less than 10% of a
book
· A short story, essay or short poem,
whether or not from a collective work
· A chart, graph, diagram, drawing,
cartoon or picture from a book, periodical
or newspaper
· Government publications
· Any material for which the faculty
member owns the copyright
· Any material for which copyright
permission has been obtained by the faculty
member
Examples of copyrighted materials which may not be placed on reserve without obtaining copyright permission:
·
A photocopy of an entire book, whether in
print or out of print
· Multiple articles from a single journal
issue
· Any material required for more than
one consecutive semester or for more than
one course in a semester
· Multiple chapters from a single book
For electronic reserves, additional criteria
must be met in order to use copyrighted materials:
·
Notice must be provided that materials may
be subject to copyright protection
· Materials must be made available
only to those students currently enrolled
in the course
· Materials must be made available
only for the specified length of the course
· For digital works, no attempt to
override technological controls to access
imposed by the copyright owner must be made
· Technological measures must be taken
to prevent further dissemination of the materials
· Digital copies of analog materials
may be made only if:
o
A digital copy is not already available
o The amount of the work converted complies
with general Copyright Law
These criteria will be met by the USF Library. Use of electronic reserve material will be limited by means of a course password designed to control access to only those students and instructors in the class. It is the faculty member's responsibility to distribute the password to registered students.
Materials for library reserve must be submitted to the library at least 3 weeks in advance of the beginning of the semester in which they are to be made available. At the end of the semester, all materials will be taken off library reserve. Materials that instructors wish to use for a subsequent semester must be resubmitted to the library with appropriate copyright permissions obtained by the individual wishing to use the items for their course.
Print Reserves
Faculty may place items on reserve by remitting their reserve list at the USF Library Circulation Desk. Reserve forms are available at the desk or may be downloaded (.pdf document) from the Library's web site. Please refer to the Library's policy on Fair Use of Copyrighted Materials for Library Reserves and our copyright website which includes frequently asked questions when preparing materials for reserves.
Electronic Reserves
Faculty have a new method for placing items on reserve. Electronic Reserves allow faculty to provide electronic versions of materials (in PDF format), or by linking to other online resources such as electronic journals. Electronic reserve materials are accessible via the World Wide Web through our online catalog. Students can look up an item on reserve by course or by the instructor's last name. Electronic reserves has many advantages over conventional reserves:
- Once an article is on electronic reserve, several patrons can look at materials simultaneously.
- All materials placed on electronic reserve will reside one of the library's servers. The article will be archived once the class is over, and can be restored onto Electronic reserves in the future for permissible uses.
- Electronic reserves can be accessed at anytime.
- Materials are always password protected.
Faculty can use the same Reserve Form for both print and electronic reserves. Please refer to the Libraries' policy on Fair Use of Copyrighted Materials for Library Reserves and our copyright website which includes frequently asked questionswhen preparing materials for reserves.
Need Help?
| Terry
Cottrell Assistant Director for Library Services 815/740-3476 tcottrell@stfrancis.edu |
Julie
Dahl |
|
Circulation Supervisor
/
Reserves
Coordinator |
|