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Faculty Reserve Guidelines & Copyright Policies

(Adopted Fall 1999)

These guidelines have been derived from the Fair Use provisions of the United States Copyright Act of 1976 (P.L. 94-553), the Model Policy Concerning College and University for Classroom, Research and Library Reserve Use published by the American Library Association, and the Draft document entitled "Fair-Use Guidelines for Electronic Reserve Systems" revised by CONFU participants in March 1996 . It is the policy of the Library to exercise in good faith the full Fair-Use rights by faculty, librarians, and staff, in their teaching activities, while upholding the Copyright Laws of 1976, and to avoid, whenever possible, adopting or supporting policies or agreements that would restrict Fair-Use rights.

I. Policies Regarding Copies of Copyrighted Material

II. Guidelines for Submitting Materials for Reserve

III. Guidelines for Removing Reserve Materials

IV. Appendix: Links to Information About Copyright

I. Policies Regarding Copies of Copyrighted Material

At the request of a faculty member, the Library may place on reserve photocopies or electronic copies of excerpts from copyrighted works in the Library's collection or owned by the faculty member in accordance with the guidelines governing formal classroom distribution for face-to-face teaching outlined in the University's Copyright Policy adopted August 1995. These guidelines apply to the library reserve shelf as it functions as an extension of classroom readings or reflects an individual students right to photocopy for personal scholastic use under the doctrine of fair use.

A. General Policies

The Library will accept one copy of materials meeting "Fair Use" guidelines. Examples include an article from a journal or newspaper; chapter from a book, a short story, essay or poem; a chart or graph, diagram, drawing, cartoon, or picture from a books, periodical of journal newspaper, for reserve. In determining the "Fair Use" copyrighted works the following factors should be considered (17 U.S.C. SS107):

  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 the copyrighted work;
  3. The amount and substantiality of the portion used in relation the copyrighted work as a whole; and
  4. The effect of the use upon the potential market for or value of the copyrighted work.

B. Repeated Reserves

In addition, if a faculty member wishes to submit the same material in subsequent semesters for the same course offered by the same instructor, or if the item is used by multiple sections by many instructors, permission from the copyright holder must be obtained. It is the responsibility of the instructor to obtain this permission.

C. Multiple Copies and Electronic Reserves

Requests for Electronic Reserves and multiple copies on reserve must also meet the following guidelines:

  1. The amount of the material is reasonable in relation to the total amount of material assigned for one term of a course taking into account the nature of the course, its subject matter and level. 17 U.S.C. SS107(1) and (3);
  2. The material contains a notice of copyright, see University Copyright Policy.
  3. The effect of photocopying the material should not be detrimental to the market for the work. (In general, the library, faculty member, or other unit of the educational institution submitting the copy must own at least one lawfully obtained copy of the work.) 17 U.S.C. SS107(4);
  4. The number of copies (no more than 3) is reasonable in light of the number of students enrolled, the difficulty and timing of assignments , and the number of other course which may assign the same material. 17 U.S.C. SS107(1) and (3).
  5. Copies must meet the criteria of brevity, spontaneity, and cumulative effect as stated in the University's Copyright Policy.

II. Guidelines for Submitting Materials for Reserve

  1. All materials to be placed on reserve must be accompanied by a Reserve Request Form, which is available at the Reserve desk and on the Library's web page, that is signed by the instructor. Media reserve forms are available in the media department.
  2. All copyrighted materials must conform to the "Policies Regarding Copyrighted Material" as stated above.
  3. Copies of articles or other copyrighted materials must be accompanied by appropriate citations and attributions to their source and a statutory notice of copyright from the work from which the copy was made or a note as to the presence of the copyright notice. Example note: "The work from which this copy was made included the following copyright notice: 1999, John Doe."
  4. Clean, clear copies of 25 pages or less will be scanned for Electronic Reserves, unless the instructor requests that materials not be accessible through the Electronic Reserve system. The recommended paper size for Electronic Reserves is 8" x 11", although copies up to 8" x 14" will be accepted.
  5. Materials should be accessible through traditional reserve within 2 business days.
  6. Because of the extra processing required, materials on electronic reserve should be accessible within 5 business days.

III. Guidelines for Removing Reserve Materials

  1. All materials will be available on reserve for no longer than the end of one semester. All Electronic Reserve materials will be removed from the system at the end of semester.
  2. At the end of each semester, faculty with items on Reserve will be sent a letter notifying them of the request for removal of items. Faculty may respond that non-copyrighted materials or library-owned materials remain on the reserve for the next semester. Copies of copyrighted materials may not remain on reserve for subsequent semesters unless copyright permission has been granted by the copyright owner (see policies about "Repeated Reserves" above).
  3. In order to remove photocopied or personal items from reserve, a signed Reserve Request Form, which is available at the Reserve Desk and on the Library's web page, must be presented to the Reserve staff. For security reasons we prefer that all photocopy and personal reserve items be retrieved for removal in person by the instructor. However, materials may be retrieved by graduate assistants or other persons designated by the instructor, if a written letter of permission signed by the instructor is presented with the signed Reserve Request Form.
  4. Books and other materials owned by the Library will be returned to the shelves if they will not needed for classes in the next semester and/or if the faculty member does not respond to the reserve notification letter.
  5. Photocopies that are not picked up by faculty member by the end of the semester will be discarded.

IV. Appendix: Links to Information About
Copyright, "Fair-Use," and Obtaining Copyright Permission

  1. Southeastern's Copyright Policy
    Includes information about fair use, obtaining permissions, and determining if materials copyrighted.
  2. U.S. Copyright Office
    Links to full-text of the copyright law, decisions, FAQs, copyright legislation, official Copyright Office Publications, and much more.
  3. Copyright Clearance Center Online
  4. Fair Use and Electronic Reserves
    American Library Association information about fair use and electronic reserves.