The copyright law of the United States governs the making of photocopies or other reproductions of copyrighted material. Photocopies or other reproductions can be furnished only under certain conditions if they will be used solely for private study, scholarship or research. Use of the reproduction for other purposes may make the user liable for copyright infringement.
This institution reserves the right to refuse to accept a request for documents, copies, or other information if, in its judgement, fulfillment of the order would involve or facilitate violation of copyright law.
There is a lot of misunderstanding about copyright and fair use of materials for classroom instruction. "Fair use" refers to situations in which educators of non-profit educational institutions may use copyrighted works without seeking permission or making payment to the author or publisher.
Following are some guidelines to help you choose what to put in the Reserve Room, and in what form. In the 1976 Copyright Act, Congress provided criteria for use of copyrighted material in a non-profit, educational setting.
Single copies of text meeting the criteria above for length and importance to the work may be posted on a course Blackboard site for one semester. The guidelines are the same as for the Reserve Room material. The posting may not occur over multiple semesters and still be within the realm of Fair Use unless permission has been granted by the publisher and/or author (whichever is the copyright holder) in writing and is on file in the professor's office.
What is the public domain?
The term "public domain" describes the state of a work of authorship. When a work is "in the public domain", it belongs to the public as a whole; it is a work that is not protected by the bundle of exclusive rights of authors or owners under copyright law. Thus, the public may copy, distribute, adapt, perform, and display works in the public domain.
When does copyrightable work enter the public domain?
A work is either in the public domain or it is not. It is, however, sometimes difficult to tell whether or not a work is in the public domain. The rules for determining whether a protected work is in the public domain are set out in chart form by Lolly Gasaway. These rules are complex and somewhat hard to describe, partly because they have changed many, many times during the 20th century. The general rules (excluding anonymous works and works for hire) can be summarized as follows:
Some works are in the public domain because they were never copyrightable:
Remember that just because a work is in the public domain, does not mean that the public can assert authorship of the work. Although King Lear is in the public domain, William Shakespeare will always be the author of that work.
For research purposes, a teacher may select books, magazine or journal articles, or other documents to be placed in the Library's Reserve Room, which functions as an extension of the classroom. (Felknor, Harper).
Students may borrow these materials and make single copies on machines that are plainly marked with notices citing protection of the works under the Copyright Act. The students, as users of self-service photocopiers, are accountable for any copyright violations. (Syracuse University)
Look at the number of students, the time they have to read the assignment on Reserve, and the number of books that can be placed there. Reserve check-out duration can be as little as 2 hours. For example, for a class of 20 students, reading a chapter or 30 pages out of a book, with a week to fulfill the assignment, one book on 2-hour reserve will make the material accessible and available for all the students in the class.
Association of Research Libraries: http://www.cni.org/forums/cni-copyright/
CONTU (National Commission on New Technological Uses of Copyright Works) for Interlibrary Loan: http://www.cni.org/docs/infopols/CONTU.html
Copyright Advisory Network: http://www.librarycopyright.net/
Digital Millennium Copyright Act (DMCA), Library of Congress summary on Fair Use: http://www.copyright.gov/circs/circ21.pdf
Copyright Bay, a visual representation of the boundaries of Fair Use and the points at which the use may lead to infringement of the laws.
Harper, Georgia. Copyright in the Library/ Fair Use: Reserve Room Operations, Print Copies. UT System, Texas. http://copyright.lib.utexas.edu/l-respri.htm
Lehman, Bruce A. (September, 1997). Report to the Commissioner on the Conclusion of the First Phase of the Conference on Fair Use (CONFU). http://www.uspto.gov/web/offices/dcom/olia/confu/conclu1.html
O'Mahoney, B.(1995-1997). The Copyright Website. http://www.benedict.com
The International Publishers Copyright Council -- bi-annual symposia to address specific copyright issues. IFLA (International Federation of Library Associations and Institutions) also participates in these symposia and maintains a website on Information Policy: Copyright and Intellectual Property.
University of Texas Crash Course in Copyright: http://copyright.lib.utexas.edu/
United States Copyright Office, Library of Congress: http://lcweb.loc.gov/copyright/
The copyright law of the United States governs the making of photocopies or other reproductions of copyrighted material. Photocopies or other reproductions can be furnished only under certain conditions if they will be used solely for private study, scholarship or research. Use of the reproduction for other purposes may make the user liable for copyright infringement. This institution reserves the right to refuse to accept a request for copies, documents, or other information if, in its judgement, fulfillment of the order would involve or facilitate violation of copyright law.