Materials may be copied and made available for course reserves when they are:
- In the public domain; or
- Used with permission from the copyright holder; or
- Used under the provisions of a contract or license agreement, noting that agreements may differ from, and often take precedence over, what is allowed under copyright law; or
- Used under the provision of Fair Use, U.S. Copyright Act, 17 U.S.C. Section 107, as outlined in the Classroom Guidelines or as determined using a case-by-case four-factor analysis.
Instructors submitting materials are responsible for evaluating, on a case-by-case basis, whether the use of a copyrighted work requires permission or qualifies as fair use. If foregoing obtaining permissions on the basis of fair use, it is the instructors responsibility, not University Libraries, to analyze each and every item to be placed on reserve against the four factors of fair use and to document such analysis.
If permission is deemed necessary by the instructor, the Copyright Permissions Center will assist in securing permission at his or her request.
The University Libraries retains the right to refuse materials for reserve, or remove materials already on reserve, on the basis of law-related or administrative concerns. Therefore, always consult the specific reserve desk you plan to use in advance of submitting requests. Also remember that the above policies are enacted and enforced at the discretion of University Libraries - the Copyright Permissions Center only obtains permissions when requested.
Another University Resource
The libraries’ own Copyright Information and Education Office is a useful educational resource for inquiries pertaining to copyright law, fair use, copyright management for authors, and other copyright related matters. Regarding reserves, this office can assist faculty and staff with fair use decisions (including a fair use analysis tool) and help faculty make the best use of material electronically licensed by University Libraries.
Fees
For library reserve requests, the Copyright Permissions Center charges a fee of $5.00-$10.00 for every rightsholder contacted. This service fee, along with any royalties charged by publishers, would be billed back to the department requesting permission through a CUFS number.
