Paul V. Galvin Library Copyright Packet for Faculty

Reserves Packet for Faculty

Paul V. Galvin Library
Illinois Institute of Technology

TABLE OF CONTENTS

General Information

Reserve Shelf

Electronic Reserves

Fair Use and Copyright

Links to Web Resources Re: Copyright

Obtaining Permission from Copyright Owners

Sample Permission Request Letter

Reserve Forms Needed by Faculty

Reserve Request Form (required with each document submitted)

Copyright Clearance Acknowledgment (special permission required for items beyond normal scope of IIT Reserves)

Submitting Electronic Reserves (required once each semester for each course)

RESERVES

Thank you for your interest in using the Galvin Library’s Reserve Shelf and Electronic Reserve System. This packet will provide you with the information necessary to make your reading materials available to the IIT student community. This packet covers general information about Reserves, submission policies, and rules regarding copyright and fair use. Please read it thoroughly and refer any questions you may have to Pattie Piotrowski, Assistant Dean for Public Services, 312.567.3386.

General Information

Faculty may place reading materials on Reserve to allow students maximum access to a specific work. Reserve materials may be from the library's collection or may be the instructor’s personal copies.

Almost any type of material may be placed on Reserve as long as it is not in violation of copyright laws or the fair-use guidelines (described later in this packet). The types of materials usually placed on Reserve are:

Books and articles
Exams, solution sets, class notes
Videos

Materials can be placed on either the Reserve Shelf (located at the Circulation Desk on the entry level of the Galvin Library) or in digital form as Electronic Reserves, accessible from the library’s Website (http://www.gl.iit.edu).

Accessing Electronic Reserves

The IIT community may access Electronic Reserves at the Galvin Library, on all networked computers on IIT campuses, and from home:

Electronic Reserves and IIT campuses. Students may view and print Electronic Reserves from a cluster of computers located near the Reference Desk on the upper level of Galvin Library or through any networked computer on the IIT campuses. By identifying either the course number, instructor, or course name, students will be able to view the images of Electronic Reserve material.

Electronic Reserves from home. Using any off campus computer, students will be able to access the documents as if they were on campus. However, students and faculty wishing to use Electronic Reserves from a non-IIT computer must authenticate through the library’s proxy server. (For instructions on using the proxy server, please see http://www.gl.iit.edu/database/instruct.htm.)

Off-campus users of Electronic Reserves must also have the Adobe Acrobat Reader, available for free here.

RESERVE SHELF

IT IS THE RESPONSIBILITY OF THE INSTRUCTOR TO ENSURE MATERIALS SUBMITTED FOR PLACEMENT ON RESERVE DO NOT VIOLATE COPYRIGHT LAW. (See Attached Copyright and Fair Use Guidelines.)

The library places a copyright notice on each photocopied item on Reserve to fulfill its requirements for meeting fair-use criteria and reserves the right to ensure compliance with the criteria when accepting materials for Reserve.

Books

Requests for books from our collection should be placed at least two weeks in advance of the semester.

Requests for books recommended for purchase should be placed at least six weeks in advance of the semester. Textbooks will not be purchased.

Articles

Articles are posted as Electronic Reserves within 2 business days of receipt. More lead time is best whenever possible. Any special instructions must be discussed directly with Nasir Mirza, Reserves Specialist.

List the articles on the form as they will appear in the syllabus, i.e., by author and title or as "Week 1 Readings."

RESERVE SHELF LOAN PERIODS AND FINES:

Faculty may designate the borrowing time on materials they submit. Loan periods and the fines associated with late returns are listed below:

2-HR USE: may be used in the library for a 2-hour time period. Item will be due 2 hours from time checked out. FINE: $1.00/HOUR

24-HR USE: may be taken out of the library for a 24-hour time period. Item will be due 24 hours from time checked out. FINE: $1.00/DAY

3-DAY USE: may be taken out of the library for a 3-day time period. Item will be due 3 days from time checked out. FINE: $1.00/DAY

Reserve materials cannot be renewed and must be returned directly to the Circulation Desk.

Items placed on Reserve must be renewed by faculty every semester. Faculty interested in placing items on permanent Reserve should contact Nasir Mirza, Reserves Specialist, at the Galvin Library Circulation Desk, 312.567.6847.

ELECTRONIC RESERVES

IT IS THE RESPONSIBILITY OF THE INSTRUCTOR TO ENSURE MATERIALS SUBMITTED FOR PLACEMENT ON RESERVE DO NOT VIOLATE COPYRIGHT LAW. (See Attached Copyright and Fair Use Guidelines.)

IIT Electronic Reserves makes course reading materials accessible to the IIT community through the Galvin Library Website. http://www.gl.iit.edu/ All materials on Electronic Reserves are presented as PDF (Portable Document Format) files that may be viewed using Adobe Acrobat software.

REQUIRED HARDWARE AND SOFTWARE FOR HOME USE OF ELECTRONIC RESERVES

Use of Electronic Reserves requires Adobe Acrobat Reader software. Acrobat allows the handling of a variety of types of materials including those containing graphs, charts, and mathematical symbols. Acrobat retains the original format of the document and prevents users from modifying parts of a document. Acrobat Reader software is available free of charge. A copy of Adobe Acrobat Reader can be obtained from the IIT Galvin Library Electronic Reserves Website. (http://www.gl.iit.edu)

To view Electronic Reserve documents, you will need:

1. A computer, an internet connection, and a Web browser (e.g., Microsoft Explorer)

2. A copy of Adobe Acrobat Reader

All IIT and Galvin Library computers are E-Reserve ready!

HOW TO SUBMIT MATERIALS FOR ELECTRONIC RESERVES

You may submit Reserve materials either in person, via campus mail, or in electronic format. Electronic Reserve material will be posted within 48 hours of its receipt. Questions? Contact Nasir Mirza at 312.567.3620.

For paper submissions:

Print or write very clearly, using dark ink
Submit on plain white 8 ½ x 11” paper

For e-mail submissions:

Material must be attached as .pdf file
Send submissions to mirza@iit.edu

For diskette submissions:

Use a 3 ½” DOS formatted disk / CD-ROM
Acceptable formats – ASCII text, major word processors and spreadsheets, PostScript or Encapsulated PostScript
Files may be compressed in .zip or uuencode formats

Try to split long documents into shorter parts of no more than 15-20 pages. This keeps file sizes and download times reasonable for those accessing the service via slower dial-up connections.

Document Identification

In addition to course number and instructor name, please identify documents by type of document, date, number of pages, etc.

For example:

Quiz #3 September 15

Class Notes for Week 5 (September 4-10)

Number of Pages: 10

FAIR USE AND COPYRIGHT

Faculty wishing to place copyrighted material on Reserve, whether through the Galvin Library services, Blackboard services, or your own personal class Web page, 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 constitutes fair use under the law (described below), or

3. the work is in the public domain (copyright has expired or work was created by the U.S. government, for example).

FAIR USE

“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 copyrighted 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)

FAIR USE GUIDELINES FOR ELECTRONIC RESERVES

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

Revised: March 5, 1996

Conference on Fair Use

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:

3. Materials included in electronic reserve systems should include appropriate citations or attributions to their sources.

C. ACCESS AND USE

1. Electronic reserve systems should be structured to limit access to students registered in the course for which the items have been placed on reserve, and to instructors and staff responsible for the course or the electronic system.

2. The appropriate methods for limiting access will depend on available technology. Solely to suggest and not to prescribe options for implementation, possible methods for limiting access may include one or more of the following or other appropriate methods:

(a) individual password controls or verification of a student's registration status; or
(b) password system for each class; or
(c) retrieval of works by course number or instructor name, but not by author or title of the work; or
(d) access limited to workstations that are ordinarily used by, or are accessible to, only enrolled students or appropriate staff or faculty.

3. Students should not be charged specifically or directly for access to electronic reserve systems.

D. STORAGE AND REUSE

1. Permission from the copyright holder is required if the item is to be reused in a subsequent academic term for the same course offered by the same instructor, or if the item is a standard assigned or optional reading for an individual course taught in multiple sections by many instructors.

2. Material may be retained in electronic form while permission is being sought or until the next academic term in which the material might be used, but in no event for more than three calendar years, including the year in which the materials are last used.

3. Short-term access to materials included on electronic reserve systems in previous academic terms may be provided to students who have not completed the course.

*** End of Fair Use Guidelines for E-Reserves

Other Restrictions. The following uses of photocopied material are restricted from placement on Reserve without copyright permission:

Entire photocopied books cannot be placed on Reserve without written permission from the copyright holder.
The same instructor without permission from the copyright holder cannot use photocopies of the same items from term to term.
Photocopies of such things as workbooks, exercises, standardized tests and like material cannot be placed on Reserve.
Course packets of copyrighted articles are considered anthologies and, as such, cannot be placed on the Reserve without written permission from the copyright holder. (For copyright permission see page 9).

Access to Electronic Reserves is limited to the IIT community, which is comprised of students, faculty, and staff. At the end of each semester, all material in Electronic Reserves will be deleted from the database.

Links to Web Resources

For more information about copyright and fair use, please use the following resources:

Stanford University Libraries: Copyright and Fair Use -- http://fairuse.stanford.edu/

“Copyright, Intellectual Property, and the Internet” -- http://www.uic.edu/~nrj/aacc.html

Association of American Publishers - - http://http://www.publishers.org/copyright/index.cfm

HOW TO OBTAIN COPYRIGHT PERMISSION

Obtaining permission to make print or electronic copies of a copyright holder’s work is a two-step process.

First, determine who holds the copyright to a particular work. (Usually, this information is part of the title page of a book or journal.)

The second step is to request permission to duplicate the work. One of the most frequent reasons cited by permissions departments for delays in answering requests of this nature is incomplete or inaccurate information contained in requests. A survey of permissions professionals conducted by the Association of American Publishers determined that the following facts are necessary in order to authorize duplication of copyrighted materials.

1. Title, author and/or editor, and edition of materials to be duplicated

2. Exact material to be used, giving amount, page numbers, chapters and, if possible, a photocopy of the material

3. Number of copies to be made

4. Use to be made of duplicated materials

5. Form of distribution (classroom, newsletter, Electronic Reserves, etc.)

6. Whether or not the material is to be sold

7. Type of reprint ( photocopy, temporary digital storage)”*

Sample Permission Request Letter

[Letterhead stationery or return address]

[Date]

[Name and address of addressee]

Dear _______:

[Optional beginning sentence: This letter will confirm our recent telephone conversation.] I am a professor at Illinois Institute of Technology and would like your permission to use an -------- from the following:

[Insert full citation and description of the original work.]

The excerpts to be reproduced are: [insert detailed explanation or attach copy].

Your signing of this letter will also confirm that you own [or your company owns] the copyright to the above described material.

If these arrangements meet with your approval, please sign this letter where indicated below and return it to me in the enclosed return envelope. Thank you very much.

Sincerely,

[Your name and signature]

PERMISSION GRANTED FOR THE
USE REQUESTED ABOVE:

__________________________
[Type name of addressee below signature line]

Date: ____________________

Instructions for permission letters:

1. Be sure to include your return address, telephone and fax numbers, and date at the top of the letter.

2. Spare no effort in confirming the exact name and address of the addressee. Call the person to confirm the copyright ownership.

3. State clearly the name of the university and your title.

4. Describe precisely the proposed use of the copyrighted material. If the proposed use is extensive, such as the general use of an archival or manuscript collection, describe it in broad and sweeping terms. Your objectives are to eliminate any ambiguities and to be sure the permission encompasses the full scope of your needs.

5. The sample signature form at the end of the sample letter is appropriate when an individual grants the permission. When a company, such as a publishing house, is granting permission, use the following signature format:

PERMISSION GRANTED FOR THE
USE REQUESTED ABOVE:

[Type name of company]

By: ________________________________

Title: ______________________________

Date: ________________

6. For More Information About Permissions. Various organizations grant permissions for certain works. For example, the Copyright Clearance Center offers a "Republication Licensing Service" that may prove helpful: www.copyright.com.