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Copyright and Fair Use for Reserves: E-Reserve Policies

This guide is an overview of copyright and fair use guidelines for use in electronic and paper reserves.

NYIT Libraries E Reserve Policies

E-Reserve Guidelines

  • Through its electronic reserve (E-Reserve) service, the Library provides access to course materials in support of the University's academic and teaching mission. Access to E-Reserve is provided to enrolled students in each specific class primarily through Library Guides (LibGuides http://libguides.nyit.edu/). Resources are available for one full semester.
  • Several types of course materials can be requested for E-Reserve, including: book excerpts and journal articles. Exams, class notes, synopsis and other unpublished original works created by the requesting faculty member are also candidates for E-Reserve.

The Library's guidelines for providing access to copyright-protected materials,are derived from the fair use provisions of the U.S. Copyright Act of 1976 (Title 17 of the United States Code). Section 107 of the Copyright Act expressly permits fair use of copyrighted materials for teaching, scholarship, and research. Such educational copying does not require the payment of a royalty or the permission of the copyright owners, provided that the circumstances of the use are fair as determined by a consideration of four factors specified in Section 107:

  1. The purpose and character of the use, including whether such use is of 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.
  4. The effect of the use upon the potential market for or value of the copyrighted work.

For each item requested to be made available, the library staff will make a case-by-case assessment, but for efficiency will follow the general guidelines set forth below.

General Guidelines

  • When scanning excerpts of a book, the Library's reserve staff will limit the portion of any single book scanned and make available one or two chapters, but no more than 15% of an entire book.
  • Library reserve staff will scan and make available a single article from a particular issue of a periodical (e.g., journal or newspaper). Multiple articles can be made available, but must not be from the same issue of a periodical, journal or newspaper.
  • Any item in the public domain can be scanned in its entirety for E-Reserve upon request.

For library-licensed resources, unless expressly contractually forbidden, a stable or durable link to an electronic item will be used for access to E-Reserve materials.

For library-licensed resources that do not provide DOI, stable or durable URLs and other like technical capabilities and do not contractually forbid E-Reserve use, the library reserve staff will convert the electronic item to a PDF and post it for class access.

For instructors who seek to use an item that does not meet the general guidelines stated above, they must seek permission from the appropriate copyright holder or agent (such as the Copyright Clearance Center) and pay any associated fees.

 

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