Daniel Webster College – Anne Bridge Baddour Library
Policy on Electronic Reserves
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Introduction

Anne Bridge Baddour Library recognizes the importance of making materials available to students as an extension of the classroom within the bounds of copyright law. The purpose of electronic reserves service is to provide online access for enrolled students to items that supplement course content or constitute recommended further reading in support the academic mission of Daniel Webster College. The goal of Baddour Library's Policy on Electronic Reserves is to articulate the process by which copyright decisions are made in the interests of educating the campus community. This Policy is also intended to give faculty and staff guidance in submitting materials for electronic reserve. Questions concerning this Policy may be directed to the Library Director (577-6540).

Copyright Compliance

In the interest of saving time and effort, library personnel will assume that the determination of fair use and/or seeking of permission to use copyrighted material have been made by faculty and instructors. However, library personnel may check submitted material against the Policy on Electronic Reserves and reserve the right to refuse materials. If material is rejected for any reason, the instructor will be notified. Library staff will assist faculty in determining copyright compliance and obtaining the necessary permissions.

Faculty or staff requesting that materials be placed on E-reserve will indicate that material is for curricular purposes for a particular course. For a copyrighted work, the person requesting that the copy be placed on E-reserve will sign a statement indicating their belief that the work is made available as a fair use of the material, or that permission for use has been granted.

The Technical Systems Librarian, in consultation with the Library Director, will make final determinations in regards to the appropriate use of materials for the library's electronic reserve system. If the decision is made that material submitted for electronic reserves violates appropriate use, faculty may appeal the decision to the Library Director.

Electronic reserve items that are protected by copyright, regardless of fair use or copyright clearance, must include a copyright notice on the digitized file. The notice may be the original copyright statement from the original item or publication. If that is not available, the following statement will be included by Library staff in the digitization process:

NOTICE: This material may be protected by U.S. copyright law (Title 17 U.S. Code)
 

Any further transmission or distribution of E-reserve material violates copyright law.

Fair Use

U.S. copyright law provides protection to authors, creators and publishers of works. It also grants privileges (fair use) that do not infringe copyright, when copies are for purposes such as criticism, comment, news reporting, teaching, scholarship or research.

Fair use allows the public to make limited uses of copyrighted works without permission. These rights are limited. It is important to know that there are no precise rules, only “guidelines”. The factors that comprise fair use are:

1. The purpose and character of the use, e.g. commercial or non-profit educational.

2. The nature of the copyrighted work, e.g. fiction or factual, published or unpublished.

3. The amount and substantiality of the work used. Infringement occurs even when a small percentage of the work has been copied if that portion comprises the heart of the work.

4. The effect of the use on the value of or market for the original work.

Baddour Library staff will apply these four factors to determine whether or not copied materials fall within fair use as specified in U.S. copyright law (Title 17 U.S. Code). The first use of an item for E-reserve will be considered fair use. Each repeated use of the item will require copyright permission from the copyright holder.

A Fair Use Checklist may be consulted to assist in determining copyright compliance. A sample checklist, produced by the Copyright Management Center, is accessible on the Web at: http://www.copyright.iupui.edu/checklist.htm

 
The library will regard electronic reserves as similar to printed materials used for reserve. All aspects of fair use will be considered. In addition all copyright information (compliance and/or permissions) will be displayed on screen and when printed.

Public Domain Works

A public domain work is a creative work that is not protected by copyright and which may be freely used. Works in the public domain include those for which the copyright has expired and works of the U.S. Government. A chart on public domain can be found at: http://www.unc.edu/~unclng/public-d.htm

Proof of public domain status must be filed with the Access Service Manager prior to inclusion in the E-reserve system. (Please note: Information found on websites is likely to be protected by copyright, and can not be assumed to be in the public domain.)

Faculty-Owned Works

A faculty member may lend his own legally obtained copy of a book, article, or other material to the library for the use of students registered in his course. A portion of a book may be digitized for student use upon instructor request. Reserve material, such as old exams, lecture notes, syllabi, etc., that were created by the instructor do not require copyright permission. Copyrighted reserve material, such as journal articles, books, and book chapters, that were created by the instructor do not require permission if the instructor owns the copyright. Otherwise, permission must be obtained from the rights holder.

Faculty who own the copyright to a work that has been requested for reserve services must provide a letter declaring ownership with the reserve request. The letter must also give permission for the items use and that the said item can be used freely by Baddour Library for reserve purposes.

Links to Licensed Electronic Products

Links to content in the library’s licensed databases may be used in the E-reserve system for an unlimited period of time, unless a particular database vendor’s license prohibits such reuse. The Technical Systems Librarian will provide a persistent URL that can be used as a link to the material.

Types of Works Accepted for E-reserve

Materials eligible to be placed on E-reserve must be items or copies of items that have been lawfully obtained. Types of works accepted for electronic reserve:

1. Materials which do not require copyright permission include:

• exams, syllabi, and lecture notes of the instructor placing material on electronic reserves;

• works of the U.S. Government;

• a single journal or magazine article used for one semester;

• a single book chapter used for one semester

• material for which the professor or instructor owns copyright.

2. Materials which require copyright permission are:

• a journal article, magazine article, or book chapter intended for use for more than one semester.

• multiple chapters from a single book or multiple articles from a single journal or magazine

• For use beyond the one-semester limit, copyright clearance must be sought and submitted to the library for record-keeping.

Complete books or an entire issue of a journal will not be scanned into Electronic Reserves.

The faculty member's request for a copy to be placed on electronic reserve should meet the following established guidelines:

1. The amount of material should be reasonable (17 U. S. C., Section 107:1 and 3)

2. The materials will contain a notice of copyright (U.S.C., Section 401)

3. The effect should not be detrimental to the market value for the work. The library or instructor should own at least one copy of the work. (17 U.S. C. Section 107:4)

Materials to be copied or scanned for electronic reserves will be in legal possession by Baddour Library or the faculty member (by purchase, license, fair use, etc.) or some other unit of the College.

No copyrighted physical work obtained through Interlibrary Loan is permitted to be placed on reserve. If requested, the library will attempt to purchase the item for the collection.

All resources that are not in the public domain or covered by previously obtained permissions will be removed from the E-reserve system at the end of the course period. Faculty needing the same resources for the same course must again provide a written defense under the Fair Use Exemption or proof of permission for repeated use from the copyright holder.

Media: Audio and Images

Audio:
The College agrees with the Music Library Association's Statement on the Digital Transmission of Electronic Reserves, excerpted below:

The Music Library Association fully supports [the] view that students enrolled in a class have the educational right to aurally access its assigned musical works both in the classroom and through class E-reserves. The MLA also believes that the dubbing or digital copying of musical works for class reserves falls within the spirit of the fair use provision of the copyright law.

In light of the above, the Music Library Association supports the creation and transmission of digital audio file copies of copyrighted recordings of musical works for course reserves purposes, under the following conditions:

1. Access to such digital copies must be through the library-controlled equipment and secure campus networks.

2. Access to digital copies from outside of the campus should be limited to individuals who have been authenticated.

3. Digital copies should be made only of works that are being taught in the course or study.

4. Digital copies may be made of whole movements or whole works.

5. Either the institution or the course instructor should own the original that is used to make the digital file. The Library should make a good faith effort to purchase a commercially available copy of anything that is provided by the instructor.

6. The library should remove access to the files at the completion of the course.

7. The library may store course files for future re-use. This includes the digital copy made from an instructor's original if the library has made a good faith effort to purchase its own copy commercially.

Images:
On the Internet, copyrighted works are often used without proper authorization. Many works of art in digital form are protected and easily tracked by rights holders. A digital image can be an original, a reproduction, a published reproduction, or a copy of a published reproduction. Images needing digitization must either be in the public domain or must be defensible under the Fair Use Exemption. Baddour Library will purchase commercially available images whenever possible. Library-owned images will be digitized in reasonable quantities when they are not available commercially.

Permissions

When materials requested for reserve exceed what is permitted under the Fair Use Exemption, Baddour Library will seek to obtain permission for reserve use. For electronic reserves requests of library owned items that are protected under copyright, the library will take the necessary steps to seek and obtain copyright clearance through the Copyright Clearance Center (CCC) or directly from the publisher. The Library will assume CCC annual fees and per item service charges for seeking permission. The library will retain documentation relating to permissions and payment of royalties.

For copies held personally, it is up to the instructor to obtain clearance for uses beyond one semester. Information on how to request copyright permission can be located by visiting the “How to Request Copyright Permission” online site of the Association of American Publishers (AAP) at http://www.publishers.org/about/copyrightresources.cfm.

The copyright permission must be dated and displayed on each document, web site, or image.

Materials may be scanned and made available to students while permission is being sought. If permission is denied, or the copyright fee exceeds acceptable limits, library staff will contact the instructor and remove the materials from the reserve system.

Restrictions

As mentioned before, the purpose of electronic reserves is to supplement the course rather than serve as a digital course pack; therefore, the number of items requested for reserve for any one course must not constitute a substantial portion of the overall workload for the course.

Electronic reserves may not be used to create, replace, or substitute for anthologies. Usually, only a small portion of a copyrighted work may be legally copied unless special permission has been secured. The Library will not copy or digitize an entire book, journal, CD, DVD or film for E-reserve or individual use unless the item is in the public domain, or written copyright permission has been acquired and submitted with the item.

Daniel Webster College’s E-reserves are limited to faculty, staff and currently enrolled students. E-reserves are accessible through the Library’s E-reserve system by professor name, course name, or course number.

Violations of the E-reserves Policy

Faculty and instructors are responsible for compliance with U.S. copyright law and Baddour Library’s Policy on Electronic Reserves. The Library may review all material to ensure it complies with copyright law and library policy, and instructors will be contacted immediately if any copyright concerns are noted. The Library retains the right to refuse E-reserve requests which it deems may be in violation of fair use and copyright law as described in this policy. Appeals should be directed to the Library Director.

The College is not required to provide legal defense for an individual who knowingly fails to comply with College policies related to copyright and licensing agreements. Faculty members who submit material in violation of copyright law will be educated on fair use and other provisions of copyright law. They will receive a copy of the E-reserves policy and additional material on copyright law that can be found on the Library’s website at: http://www.dwc.edu/Library/copyright.shtml

Procedures for Placing Materials on E-reserve

Procedures for placing materials on course E-reserve are available on the Web at:
http://www.dwc.edu/library/fac_services.shtml#reserve

Resources

“Electronic Reserves Policy” [Workshop Final Project], from E-reserves and Copyright: Intellectual Property in Academia 2005-2006, University of Maryland University College, October 17-28, 2005. Laura Gasaway, Moderator.

Crews, K.D. (2006). Copyright law for Librarians and Educators: Creative Strategies and Practical Solutions. Chicago: American Library Association.

Russell, C. (2004). Complete Copyright: An Everyday Guide for Librarians. Chicago: American Library Association.

Web Resources:
American Library Association, Statement on Fair Use and Electronic Reserves: http://www.copyright.gov/reports/studies/dmca/dmca/study.html

Copyright Clearance Center (CCC)

http://www.copyright.com/

The largest licenser of photocopy reproduction rights in the world. Established to facilitate compliance with U.S. copyright law. CCC provides licensing systems for the reproduction and distribution of copyrighted materials throughout the world.

University of Texas System Crash Course in Copyright http://www.utsystem.edu/OGC/IntellectualProperty/cprtindx.htm

Step-by-step lessons in copyright and fair use fundamentals within a university setting.

U.S. Copyright Office

http://www.copyright.gov

When Works Pass Into the Public Domain http://www.unc.edu/~unclng/public-d.htm

Updated 02/08/2007