The Library seeksto provide students and faculty with access to course related
materials
for the purposes of education and research. While it is the library's
obligation to promote the open exchange of ideas crucial to the education
of our students, it is also our obligation to adhere to existing
copyright law. Many reserve materials will fall under the definition
of "fair use." The library assumes that faculty members
will determine whether their use of material is considered "fair",
and will obtain permission from the copyright holder if it is not.
If an instructor requests an item to be placed on reserve that is
clearly not "fair
use," (e.g. an entire book photocopied), the library staff reserves
the right to reject that item.
The 1976 Copyright Act grants the "fair use" of copyrighted materials for a variety of purposes, for the creation of new works, for educational use, and for personal use. There are four nonexclusive statutory factors - all directed to the marketing of works - to use in determining whether a use is fair. They are:
- The purpose of the use, including whether such use is for commercial or for
non- profit educational purposes. (Commercial purpose implies a
use of the copyright; educational purpose, a use of the work.)
- The nature of
the work. (This requires a determination of whether the work is
a creative work, a compilation, or a derivative work.)
- The amount used
in relation to the work as a whole. (The amount of the work used
is a major factor in determining whether the use is merely a use
of the work or a use of the copyright; the greater the amount used,
the more likely the use will be a use of the copyright.)
- The effect of
the use on the market or potential market for the work.
(Excerpted from: Board of Regents of the University System of Georgia: Office of Legal Affairs. "Regents Guide to Understanding Copyright & Educational Fair Use"; Part I. Principals of Fair Use.)
All materials submitted
for library reserve are subject to copyright review. The following
links can assist you in determining fair use:
- Checklist
for Fair Use from IUPUI Copyright Management Center.
- Common
Scenarios of Fair Use Issues from IUPUI Copyright Management Center.
The use of a copyrighted work for library reserves is more likely to favor
fair use if the library or faculty member owns a copy of the original work.
Therefore the library encourages faculty to submit a request to purchase books
for reserve that the library does not currently own.
