Hilton M. Briggs Library Policies

SUBJECT: Reserve Collection Copyright

NUMBER: 2.3

1. Purpose

To establish guidelines for use of copyrighted materials within the Reserve Collection.

2. Policy

• The library may place on Reserve materials copied from copyrighted works at the request of a faculty member in accordance with copyright law (17 U.S.C.).
• Requests for paper copies on Reserve should meet the following guidelines:
  • The amount of material should be reasonable in relation to the total amount of material assigned for one term of a course taking into account the nature of the course, its subject matter, and level (17 U.S.C. Sec 107 (1) and (3)).
  • The number of copies should be reasonable in light of the number of students enrolled, the difficulty and timing of assignments, and the number of other courses which may assign the same material (17 U.S.C. Sec 107 (1) and (3)).
  • The material should contain a notice of copyright (17 U.S.C. Sec 401).
  • The effect of copying the material should not be detrimental to the market for the work. (17 U.S.C. Sec 107 (4)).
• The uses of copied materials in the Reserve Collection that require advance permission from the owner of the copyright are:
  • Consumable works: The duplication of works that are consumed in the classroom, such as standardized tests, exercises, and workbooks, normally requires permission from the copyright owner (17 U.S.C. Sec 107 (4)).
  • Anthologies created as basic text material for a course (a.k.a. “course packs”): Collective works or anthologies created by copying a number of copyrighted articles and excerpts used together as the basic text for a course will in most instances require the permission of the copyright owners. Such copying is more likely to be considered as a substitute for the purchase of a book and thus less likely to be deemed fair use (17 U.S.C Sec 107 (4)).

3. Procedures

• Faculty members are responsible for following copyright law (17 U.S.C.) for all materials they place on Reserve. The library will maintain records of Reserve requests for copies of copyrighted materials during the time they are on Reserve.
• Before any copied material is processed for Reserve, the faculty member responsible for the course must provide proof that all materials placed on Reserve for the course comply with the copyright guidelines. Documentation of compliance will be filed with the copied material and reviewed by the library’s copyright specialist on a case-by-case basis. Contact the Access Services Librarian with questions or review the University Copyright Guidelines.

4. Related Documents

• A sample letter for requesting permission to use a copyrighted work here: http://guides.lib.utexas.edu/copyright/permission. 
• University Copyright Guidelines
• This policy is excerpted with changes from the following article and is used by permission:

Hutchings, Mary. (1982). “Model Policy Concerning College and University Photocopying For Classroom, Research and Library Reserve Use.” College and Research Libraries News 43 (4), pp. 127-131.

5. Responsibility

The Head of Public Services or designee is responsible for biennial review of this policy and annual review of procedures.

SOURCE:

Reviewed by: Library Faculty April 5, 2001; March 7, 2018

Approved by: Dean of the Library April 10, 2018

Origination date: April 10, 2018

Revision dates: April 10, 2018