At the request of a faculty member, the Library may place on reserve photocopies or electronic copies of excerpts from copyrighted works in the Library's collection or owned by the faculty member in accordance with the guidelines governing formal classroom distribution outlined in the LCTCS Policy, “Faculty Rights and Responsibilities Participating in Electronically-Supported Instruction” and the LTCTS Policy, “Intellectual Property and Shared Royalties”. The College’s Copyright Policy is still under draft. These guidelines apply to Library Reserves as it functions as an extension of classroom readings or reflects an individual student's right to photocopy for personal scholastic use under the doctrine of fair use.
A. General
Policies
The Library
will accept one copy of
materials meeting "Fair Use" guidelines. Examples include an article
from a journal or newspaper; chapter from a book, a short story, essay
or poem;
a chart or graph, diagram, drawing, cartoon, or picture from a book,
periodical
of journal newspaper, for reserve. In determining the "Fair Use"
copyrighted works the following factors should be considered (17 U.S.C. SS107):
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.
B. Repeated Reserves
In addition,
if a faculty member wishes to
submit the same material in subsequent semesters for the same course
offered by
the same instructor, or if the item is used by multiple sections by many
instructors, permission from the copyright holder must be obtained. It
is the
responsibility of the instructor to obtain this permission.
C. Multiple Copies and Electronic Reserves
Requests for
Electronic Reserves and
multiple copies on reserve must also meet the following guidelines:
1. The amount of the
material is reasonable in relation to the total amount of material
assigned for
one term of a course taking into account the nature of the course, its
subject
matter and level. 17 U.S.C. SS107(1) and (3);
2. The material
contains a notice of copyright.
3. The effect of
photocopying the material should not be detrimental to the market for
the work.
(In general, the library, faculty member, or other unit of the
educational
institution submitting the copy must own at least one lawfully obtained
copy of
the work.) 17 U.S.C. SS107(4);
4. The number of
copies (no more than 3) is reasonable in light of the number of students
enrolled, the difficulty and timing of assignments , and the number of
other
course which may assign the same material. 17 U.S.C. SS107(1) and (3).
Copies must meet the criteria of brevity, spontaneity, and cumulative effect.
