Hilton M. Briggs Library Policies

SUBJECT: Reserve Collection Copyright

NUMBER: 2.3

1. Purpose

To establish guidelines for use of copyrighted materials digitized for course reserves.

2. Policy

• The university encourages use of a learning management system for online access to supplemental course materials. In many cases, faculty can create a link in the learning management system for an article or ebook found in a Briggs Library database. However, if the item is not already available in digital format, the library will follow this policy for providing online access to material when requested. 
• The library may place materials digitized from copyrighted works in the Controlled Digital Lending Collection at the request of a faculty member in accordance with copyright law (17 U.S.C.).
• If an item is available in a digital format, the library may purchase it.
  • If an item is available for purchase in a digital format, the library will not digitize it due to legal issues.

3. Procedures

• Requests for digital 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)).
  • Secure software will be used to control the number of concurrent users, limit the access time for the digital object, and prevent printing or downloading.
  • If an item owned by the library is digitized under this policy, the number of concurrent users should not exceed the number of paper copies owned by the library
    • The library will make the physical copies of these works unavailable while the digital copy is available.
    • The library may also digitize material owned by a faculty member. The physical copy must be made unavailable while the digital copy is available.
  • The material will contain a notice of copyright (17 U.S.C. Sec 401).
  • The effect of copyright the material should not be detrimental to the market for the work. (17 U.S.C. Sec 107 (4)).
• The uses of digitized 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 test, exercises, and workbooks, normally requires permission from the owner 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 copyright 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)).

4. Related Documents

• An academic website on copyright permissions, including a Sample Written Permission Request to use copyrighted work, is here: http://guides.lib.utexas.edu/copyright/permission. 
• University Copyright Guidelines
• Reserve LibGuide

5. Responsibility

The Head of Public Services or designee is responsible for biennial review of this policy and annual review of procedures. The Policy and Procedures Committee is responsible for review of this document every four years. The Dean of the Library is responsible for review and approval of this policy and associated revisions.

SOURCE:

Reviewed by: Library Faculty March 7, 2018

Approved by: Dean of the Library October 14, 2022

Origination date: April 5, 2001

Revision dates: April 10, 2018; October 14, 2022