Dixie State College of Utah

Val A. Browning Library


How do I get permission to use material?

Categories of Intellectual Property

Academic Reserve Philosophy


What are the restrictions?

What photocopied items may be placed on Reserve?

How many photocopied items are permitted on Reserve for a course?

Can I put multiple copies of the same item on Reserve?

How long can materials stay on Reserve?



What about Media (AV)?

Useful Web Sites

Other Fair Use Resources


Library Contacts

 

Fair Use -- Title 17 US Code § 107

The material must be used only for educational purposes without a hint of commercialism
The nature of the work must lend itself to photocopying a portion of the work 
The amount copied should represent only a portion that does not impinge on the creative aspect of the work of portion copied
The quality and quantity of photocopying does not affect the potential value of the work

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Categories of Intellectual Property

Public Domain: Works published or publicly distributed more than 75 years ago, or those unprotected by the Copyright Act, may be freely distributed
Copyrighted, Out-of-Print: A reasonable effort should be made to secure the item at a fair price
Copyrighted, In-Print: Permission from the copyright holder must be secured for the item to be on reserve more than one semester
Consumable Works: May not be photocopied or put on reserve

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Academic Reserve Philosophy

Reserve is an extension of the classroom
Access is limited to students enrolled in the course
Reflects students' right to photocopy material for personal, scholastic use
Materials Placed on Reserve must contain copyright notice and complete citation
The Library's policy is based on the American Library Association model policy

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What are the restrictions?

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproduction of copyrighted material.  Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction.
One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research."  
If copyrighted material is used for purposes in excess of what constitutes "fair use", that user may be liable for copyright infringement.

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What photocopied items may be placed on Reserve?

Supplemental, not basic, materials
The Library should own a copy of the work (may be personal copy)
A single article from any one author may be used
A maximum of three articles from any one issue of a journal may be used
A maximum of two chapters from a single book may be used

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How many photocopied items are permitted on Reserve for a course?

A reasonable number in relation to the total amount of material assigned including the subject, nature, and level of the course
How many items may be used from one source?
More than two chapters from a work or three articles from a single journal issue requires the permission of the copyright owner(s)
How many items total?
Only supplemental materials, not basic course materials
No coursepacks

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Can I put multiple copies of the same item on Reserve?

A single item should be used for only one course although multiple sections of one course taught by a single instructor are acceptable
The effect of Reserve use must not be detrimental to the market for the work
The Library should own at least one copy of the work  (may be personal copy)
The Reserve item must contain a copyright notice
Mitigating factors affecting the number of permissible copies:

  Length or difficulty of assignment

   Level and subject matter of course

   Number of enrolled students

   Time given for completion of an assignment 

   Number of other courses using the same material

 

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How long can materials stay on Reserve?

Items may remain on Academic Reserve for one semester
After one semester, the instructor must obtain copyright permission
The Library must receive proof of copyright permission to keep an item on Reserve or return it to Reserve

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What about Media (AV)?

Video and audio recordings must be purchased legally
Reserve cannot accept recordings made from television or other broadcast media
Compilations of sound recordings may not contain entire works but only relevant portions for study only
The use of the audio-visual material must be in connection with face-to-face teaching activities
Access is limited to enrolled students
The same limitations as to number of copied items and length of time on Reserve apply

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Useful Web Sites

Title 17, United States Code
http://www.loc.gov/copyright/title17/
Copyright Clearance Center (CCC)
http://www.copyright.com/
Checlist for Fair Use (Indiana University Copyright Management Center)
http://www.iupui.edu/~copyinfo/fuchecklist.html
Harry Fox Agency (HFA) [for obtaining permission to reproduce copyrighted music]
http://www.nmpa.org/hfa.html
Sample Letter for Requesting Permission (from the University of Texas)
http://www.utsystem.edu/OGC/IntellectualProperty/permmm.htm

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Other Fair Use Resources

Fair Use at Stanford University
http://fairuse.stanford.edu/
Fair Use of Copyrighted Materials (University of Texas)
http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm
Guide to Understanding Copyright and Educational Fair Use (University of Georgia)
http://www.usg.edu/admin/legal/copyright/copy.html

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How do I get Permission?

Contact the copyright holder in writing (may or may not be the publisher)

Cite the item exactly 

Describe the requested use 
(Two copies on Academic Reserve; Copies for class distribution, etc.)

Include assurance that full attribution will be included

Specify whether requested use if free or fee based

Request written permission by a certain date

Sample Letter for Requesting Permission (from the University of Texas)
http://www.utsystem.edu/OGC/IntellectualProperty/permmm.htm

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Library Contacts

If you have questions or need to put items on Reserve, you may contact:

Ellen Bonadurer, Reserve Supervisor
x7713 or bonadure@dixie.edu
Martha Talman, Instruction Librarian
x7722 or talman@dixie.edu

Page created by
Martha Talman, Instruction Librarian
talman@dixie.edu

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Page Created: 8/14/01
Last Updated: 8/16/01