C OPYRIGHT, F AIR U SE AND E LECTRONIC RESERVES Nancy Virgil-Call Rose Patterson

O UTLINE Course reserves Fair use and copyright Getting permission Good Faith Submitting course reserves Questions/More information 2

C OURSE R ESERVES Required or recommended readings Improve access for students Faculty request Short loan periods Fair use provisions of Copyright Law (Section 107) 3

F AIR U SE Exemption to copyright for educational purposes 4 Source:

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C OPYRIGHT COMPLIANCE - R ESERVES “Technical Protection Measures”: Password protected access for electronic reserves. Linking rather than posting a copy – when possible! 7

R ESERVES Lawfully obtained copies possessed by the faculty, library or another unit of the educational institution. Public domain, government docs, class notes. Guidelines Journal articles: One article from an issue. Books: 10% of the book if it is 10 chapters or less; one chapter if there are more than 10 chapters. Fair use analysis/Permission from owner 8

R ESERVES – P ERMISSION NEEDED Interlibrary loan items Private research Consumables – workbooks Not fair use – permission needed 9

W HAT ABOUT M EDIA ? One request – was able to link to the PBS video Licensing? Fair use doctrine still applies 10

F AIR U SE D OCTRINE Exemption to copyright for educational purposes Four factors Purpose of use Nature of work Amount used Effect on market Balanced application 11

Fair Use 12 Source:

S CENARIO Micozzi, Marc S. Fundamentals of Complementary and Alternative Medicine. Guideline – one chapter because has 10+ chapters. Professor is requesting 4 chapters Is this Fair Use? 13

G ETTING P ERMISSION Faculty responsibility Copyright Clearance Center (CCC) at Contacting the copyright owner 14

R ISK AND G OOD F AITH Special protection for nonprofit libraries, education institutions and their employees. Section 504(c)(2) of the Copyright Act Good Faith Legally obtained Password protected Fair use analysis 15

S UBMITTING RESERVES Travis Olivera or 3262 Sunday-Thursday evenings Send citations or documents to: utica.edu We will link rather than scan whenever possible. 16

Q UESTIONS /M ORE INFORMATION Travis Olivera: Sunday-Thursdays – evenings Nancy Virgil-Call: Weekdays Phone: Library web pages: library.utica.edu Select: Services/For Faculty and Staff 17