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- Reproduction Material for Research and Teaching
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Copyright and Fair Use
Information: Electronic Reserves Fair Use || CONFU Guidelines || Internet Resources || How to Obtain Permission || Sample Request Faculty wishing to place copyrighted material on “ reserve,” whether through the Galvin Library services, Blackboard services, or your own personal class webpage, face challenging questions about copyright. This document is meant to inform IIT faculty and staff of current copyright guidelines and “fair use” exemptions of those guidelines applicable to classroom copying and libraries. The Fair Use provision of the Copyright Act allows reproduction and other uses of copyrighted works under certain conditions for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research. Additional provisions of the law allow uses specifically permitted by Congress to further educational and library activities. The preservation and continuation of these balanced rights in an electronic environment as well as in traditional formats are essential to the free flow of information and to the development of an information infrastructure that serves the public interest. If an instructor is not the copyright owner of a work, he or she may only place the material on reserve if: 1. the copyright owner (not necessarily the
author) grants permission, or 2. the use is a “fair use” under the law
(described below), or 3. the work is in the public domain (copyright has expired or work of US Government, for example). “Fair use is a legal doctrine that allows the public to make limited uses of copyrighted works without permission.” (Crews, Electronic Reserves and Copyright at IUPUI) “The rights of copyright owners are limited by a number of exceptions known as fair use doctrine. The doctrine has been established by over two hundred years of judicial decisions and its main points have been written into the federal copyright statute. Although the doctrine legitimizes certain circumstances of copying that serve the public good such as for educational purposes, fair use is often misunderstood as a formularized set of rules that educators and students can rely upon with certainty. It is important to know that: a) there are no precise rules, only “guidelines”; b) “fair use” is an affirmative defense, which means that an accused defendant must assert it, bring forth evidence that use was fair, and bear the burden of persuasion in court; c) Congress made it clear that it never intended to provide a specific general exemption for educational uses; d) The factors that comprise fair use are all to be considered by a court, without any preestablished relative weight and with no single factor being determinative.” (Young, pp. 11-12) FOUR FACTORS OF
FAIR USE There are four factors the courts will use to establish “fair use” of a copyrighted material: 1. The purpose and character of the use. E.g. commercial or non-profit educational. 2. The nature of the copywrited work. E.g. Fiction or factual, published or unpublished. 3. The amount and substantiality of the work used. Infringement occurs even when a small percentage of the work has been copied if that portion comprises the heart of the work. 4.
The effect of the use on the value of
or market for the original work. “Although, as stated, there is no statutorily required weighting, analysis of court opinions generally show that the fourth factor is most significant, the first factor is very important, and the third factor is least important. In light of this, copying in an educational setting of material intended by its author or publisher to be sold to an educational market is usually not going to be considered fair use.” (Young, p. 12) The Galvin Library operates under the attached Fair Use Guidelines and reserves the right not to accept submissions of reserve materials believed to be in violation of Copyright Law and the Fair Use provision. FAIR-USE GUIDELINES
FOR ELECTRONIC RESERVE SYSTEMS INTRODUCTION Many college, university, and school libraries have established reserve operations for readings and other materials that support the instructional requirements of specific courses. Some educational institutions are now providing electronic reserve systems that allow storage of electronic versions of materials that students may retrieve on a computer screen, and from which they may print a copy for their personal study. When materials are included as a matter of fair use, electronic reserve systems should constitute an ad hoc or supplemental source of information for students, beyond a textbook or other materials. If included with permission from the copyright owner, however, the scope and range of materials is potentially unlimited, depending upon the permission granted. Although fair use is determined on a case-by-case basis, the following guidelines identify an understanding of fair use for the reproduction, distribution, display, and performance of materials in the context of creating and using an electronic reserve system. Making materials accessible through electronic reserve systems raises significant copyright issues. Electronic reserve operations include the making of a digital version of text, the distribution and display of that version at workstations, and downloading and printing of copies. The complexities of the electronic environment, and the growing potential for implicating copyright infringements, raise the need for a fresh understanding of fair use. These guidelines are not intended to burden the facilitation of reserves unduly, but instead offer a workable path that educators and librarians may follow in order to exercise a meaningful application of fair use, while also acknowledging and respecting the interests of copyright owners. These guidelines focus generally on the traditional domain of reserve rooms, particularly copies of journal articles and book chapters, and their accompanying graphics. Nevertheless, they are not meant to apply exclusively to textual materials and may be instructive for the fair use of other media. The guidelines also focus on the use of the complete article or the entire book chapter. Using only brief excerpts from such works would most likely also be fair use, possibly without all of the restrictions or conditions set forth in these guidelines. Operators of reserve systems should also provide safeguards for the integrity of the text and the author's reputation, including verification that the text is correctly scanned. The guidelines address only those materials protected by copyright and for which the institution has not obtained permission before including them in an electronic reserve system. The limitations and conditions set forth in these guidelines need not apply to materials in the public domain--such as works of the U.S. government or works on which copyright has expired--or to works for which the institution has obtained permission for inclusion in the electronic reserve system. License agreements may govern the uses of some materials. Persons responsible for electronic reserve systems should refer to applicable license terms for guidance. If an instructor arranges for students to acquire a work by some means that includes permission from the copyright owner, the instructor should not include that same work on an electronic reserve system as a matter of fair use. These guidelines are the outgrowth of negotiations among diverse parties attending the Conference on Fair Use ("CONFU") meetings sponsored by the Information Infrastructure Task Force's Working Group on Intellectual Property Rights. While endorsements of any guidelines by all conference participants is unlikely, these guidelines have been endorsed by the organizations whose names appear at the end. These guidelines are in furtherance of the Working Group's objective of encouraging negotiated guidelines of fair use. This introduction is an integral part of these guidelines and should be included with the guidelines wherever they may be reprinted or adopted by a library, academic institution, or other organization or association. No copyright protection of these guidelines is claimed by any person or entity, and anyone is free to reproduce and distribute this document without permission. A.
SCOPE OF MATERIAL 1. In accordance with fair use (Section 107 of the U.S. Copyright Act), electronic reserve systems may include copyrighted materials at the request of a course instructor. 2. Electronic reserve systems may include short items (such as an article from a journal, a chapter from a book or conference proceedings, or a poem from a collected work) or excerpts from longer items. "Longer items" may include articles, chapters, poems, and other works that are of such length as to constitute a substantial portion of a book, journal, or other work of which they may be a part. "Short items" may include articles, chapters, poems, and other works of a customary length and structure as to be a small part of a book, journal, or other work, even if that work may be marketed individually. 3. Electronic reserve systems should not include any material unless the instructor, the library, or another unit of the educational institution possesses a lawfully obtained copy. 4. The total amount of material included in electronic reserve systems for a specific course as a matter of fair use should be a small proportion of the total assigned reading for a particular course. B. NOTICES AND
ATTRIBUTIONS 1. On a preliminary or introductory screen, electronic reserve systems should display a notice, consistent with the notice described in Section 108(f)(1) of the Copyright Act. The notice should include additional language cautioning against further electronic distribution of the digital work. 2. If a notice of copyright appears on the copy of a work that is included in an electronic reserve system, the following statement shall appear at some place where users will likely see it in connection with access to the particular work: "The work from which this copy is made includes this notice: [restate the elements of the statutory copyright notice: e.g., Copyright 1996, XXX Corp.]" 3. Materials included in electronic reserve systems should include appropriate citations or attributions to their sources. C.
AC
(a)
individual password controls or verification of
a student's registration status; or
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