Copyright Policy for Reserves

This policy includes both print and non-print material for electronic and hard copy reserves.

The UMass Dartmouth Library supports the principles of fair use, a model policy developed by the American Library Association. The policy states that the first time copyrighted material is placed on reserve for one semester or term, it is considered fair use. For additional semesters or terms, copyright permission must be obtained.

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions 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 “used for purposes other than private study, scholarship or research.” If a user makes a request for, or later uses a photocopy or reproduction for purposes in excess of “fair use”, that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if in its judgment, fulfilment of the order would involve a violation of copyright law.

17 USC 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of section 106, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include-

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 to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

For more complete information on the United States Code see:

Ref KF62 1994 .A2 or http://uscode.house.gov/search/criteria.shtml

NOTE: The conditions for use of copyrighted material placed on library reserve may not be the same as for classroom use.

Policy by Material Type

Material subject to the fair use guidelines

These materials may be placed on reserve without permission from the copyright owner or publisher for a period of one semester/term.

1. a chapter from a book
2. an article from a periodical or newspaper
3. a short story, essay or poem
4. a chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper

NOTE: The library does not place reference material or library owned periodicals on reserve unless extenuating circumstances exist.

Material for which copyright permission is needed

1. a copy of an entire book
2. multiple copies of a chapter of a book
3. multiple copies of an article from a periodical
4. course packets (readings from various sources)
5. copies of non-print materials (sound recordings, videotapes, videodiscs, films, slides, photographs and software)
6. unpublished complete draft of an author’s work
7. students’ papers

Material not subject to the fair use guidelines

These items can be put on reserve for more than one semester/term.

1. instructors’ personal exams/quizzes
2. instructors’ personal lecture notes/homework solutions
3. public domain information (out of copyright: term expired; U.S. government publications; not copyrighted: published without notice before 1989) 

Library Procedures

All material received by the circulation/reserve department personnel will be reviewed for copyright compliance before being placed on reserve. Questionable material will be returned to the instructor until proof of copyright permission has been furnished.

The library is not responsible for obtaining copyright permission. Faculty must provide a copy of permission to keep on file at the circulation desk.

Complete and accurate citations are required before placing any material on reserve. The library is not responsible for making photocopies.