COPYRIGHT, FAIR USE AND ELECTRONIC RESERVESNancy Virgil-CallRose Patterson

navirgil@utica.edurpatter@utica.edu

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

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COURSE RESERVES Required or recommended readings

Improve access for students

Faculty request Short loan periods Fair use provisions of Copyright Law (Section

107)

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FAIR USE

Exemption to copyright for educational purposes

Source: http://office.m

icrosoft.com

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Source:http://offi

ce.microsoft.com

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Source:http://offi

ce.microsoft.com

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COPYRIGHT COMPLIANCE - RESERVES

“Technical Protection Measures”: Password protected access for electronic reserves.

Linking rather than posting a copy – when possible!

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RESERVES 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

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RESERVES – PERMISSION NEEDED

Interlibrary loan items Private research

Consumables – workbooks

Not fair use – permission needed

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WHAT ABOUT MEDIA?

One request – was able to link to the PBS video

Licensing?

Fair use doctrine still applies

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FAIR USE DOCTRINE

Exemption to copyright for educational purposes

Four factors Purpose of use Nature of work Amount used Effect on market

Balanced application

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FairUse

Source:http://offi

ce.microsoft.com

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SCENARIO 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?

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GETTING PERMISSION

Faculty responsibility

Copyright Clearance Center (CCC) at www.copyright.com

Contacting the copyright owner

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RISK AND GOOD FAITH

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

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SUBMITTING RESERVES

Travis Olivera 315-792-3041 or 3262 Sunday-Thursday evenings

Send citations or documents to: reserves@ utica.edu

We will link rather than scan whenever possible.

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QUESTIONS/MORE INFORMATIONTravis Olivera: reserves@utica.edu

Sunday-Thursdays – evenings

Nancy Virgil-Call: navirgil@utica.eduWeekdays

Phone: 315-792-3041

Library web pages:library.utica.eduSelect: Services/For Faculty and Staff