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services: services for faculty: copyright for
reserves
Library Policy Regarding Reserves and Copyright
With respect to photocopies, the library's reserve policy is grounded
in the law and the American Library Association recommendations
set forth for fair use of copyrighted
material. While copyright law is admittedly vague, the following
limits are applied to ensure that we are within the bounds of copyright/fair
use compliance.
We will allow up to 4 copies of a photocopy to be held on reserve.
Note: Determination for the number of copies you request to be
placed on reserve should take into consideration the number of students
in the class, and the timing and difficulty of the assignment.
You can have no more than 9 unique photocopied works put on reserve
per course per term.
Note: Cumulatively, you can have no more than 9 copied works per
course per term. You cannot, for example, place 9 copies on reserve
for a week and then replace them with 9 different copied works.
Also, as part of the 9 total unique copies allowed, if claiming
fair use, you should not have more than 3 occurrences for any one
category (such as articles, book chapters, short stories, poems,
excerpts, charts, graphs, cartoons, etc.)
You cannot have more than 1 poem, article, story or essay that
is copied from the same author per course per term.
Note: You may, however, copy 2 excerpts by the same author per
course per term.
You cannot have more than 1 copy from the same periodical issue
or collective work per course per term.
Note: You can choose to place the entire periodical issue/volume
or whole work on reserve without having to secure permission for
individual copies.
You or the Library should own a copy of a work placed on reserve.
Note: There may be exceptions but we will follow the ALA
"Model Policy Concerning College and University Photocopying for
Classroom, Research and Library Reserve Use" guidelines as closely
as possible. Personal photocopies may be placed on reserve under
the presumption that the copy was lawfully made and fits within
the fair use guidelines.
If you have previously placed on reserve a photocopy of a specific
work by claiming fair use, you must get copyright permission each
term thereafter before it can again be placed on library reserve.
(Winter and Spring are separate terms).
Note: You can claim fair use for a copy of an article, book chapter,
short story, poem, excerpt, chart, graph, cartoon, etc. provided
the use meets the four factors used to determine fair use under
Section 107 of the Copyright Law, and the copy has not previously
been placed on reserve.
Tips:
Just because you have a copy does not construe ownership of
that work.
You may not assume that just because a use is for educational
purposes it is automatically considered fair use.
A copyrighted work may not necessarily have a copyright notice
on it.
If a work is out of print it still may be protected by copyright.
Publisher representatives do check copyright compliance anonymously.
Suggestions:
Consider placing books, journals, videos, and other materials
held by the library (or, that you have personally purchased)
on reserve rather than making a copy of a portion of the work,
thereby relieving you from having to secure copyright permission.
Consider putting together Course Packs that students can purchase
from the bookstore. Contact Pat Schuring for further details
regarding Course Packs.
If it is likely that you will make use of a monographic (or
audio/visual) work more than once, consider purchasing for the
library with your faculty allocation funds. Note: Per
our collection development policy, the library will not normally
purchase multiple copies of materials. However, exceptions may
be made, for example, where multiple sections of a course are
being taught simultaneously, or when an additional copy is deemed
necessary for the purpose of course reserves. (In any case,
due to the nature and intent of course reserves, library allocation
funds will not be used for purchase of multiple reserve copies).
Please direct questions regarding the collection development
policy to Ken Gibson, Library Director at gibson@hanover.edu.
If you need to get permission for a copy, please adhere to
the deadlines listed below to ensure that it is received in
time for the library to be able to place on reserve at the beginning
of the term. If a copy does not meet fair use we will not be
able to place it on reserve until copyright permission has been
obtained.
Review the library’s Reserve System
Procedures for placing materials on course reserves.
Securing Copyright Permission
If you need help getting permission to make copies to place on
course reserves, please contact Pat Schuring, Faculty Secretary,
Classic Hall, at schuring@hanover.edu.
To ensure enough time to obtain copyright permission for the beginning
of the academic terms please note the following deadlines for requesting
permission as stated in the faculty manual.
Note: Any cost associated with securing copyright permission comes
out of your department’s, not the library’s, budget.
If you need further help with the library’s policy on course reserve
and Copyright Law, please contact Kelly Joyce at joyce@hanover.edu.
Back to Reserve System Procedures
updated 7 August 2006
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