FAIR USE GUIDELINES
FOR ELECTRONIC RESERVE SYSTEMS

Revised Draft
September 14, 2006

College, university, and school libraries traditionally have established reserve rooms for readings and other materials that support the instructional requirements of specific courses. These materials frequently are original publications and reproductions. Increasingly, however, more academic institutions are providing electronic reserve systems that enable the institution to store a digital version of the materials which students may retrieve on a computer screen, and from which they may print a copy for their personal study. The following guidelines are one possible definition of fair use for the reproduction and distribution of materials in the context of creating and using an electronic reserve system. These guidelines are specifically applicable to electronic reserve systems, so they are not necessarily instructive about the fair use of traditional print reserves.

Making materials accessible through electronic reserve systems raises significant copyright issues. Electronic reserves often involve the making of a digital version of text, the distribution and display of that version at many computers, and the possible 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 review of fair use. These guidelines are not intended to burden the facilitation of library reserves unduly, but instead should define a workable path that libraries may follow in order to exercise a meaningful scope of fair use, while also acknowledging and respecting the interests of copyright owners. These guidelines should encourage educational institutions to recognize that the reserve system is one of several possible means for delivering select materials to students. The relative merits of the electronic reserve system should be evaluated in light of other options, such as custom textbooks and photocopied coursepacks for which royalties are paid.

The guidelines address only those materials that are protected by copyright and for which the library has not obtained permission before including them in an electronic reserve system. Therefore, 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 library has obtained permission to include them in the electronic reserve system.
 

A. Scope of Material

• 1. In accordance with the fair use provisions of section 107 of the Copyright Act, the library may scan copyrighted materials into electronic reserve systems at the request of the course instructor.
• 2. Electronic reserves systems supplement other delivery methods for course materials.
• 3. The total amount of material included in electronic reserve systems as a matter of fair use should be brief relative to the total assigned reading for a particular course. Materials included in "coursepacks" should not be included in electronic reserve systems for that course.
• 4. As a matter of fair use and without permission from the copyright holder, the library may scan short items or excerpts from longer items (such as an article from a journal, a chapter from a book or conference proceedings, or a poem from a collected work). With permission from the copyright holder, the library may scan an entire work (such as a complete book or technical report).
• 5. The library should make a reasonable effort to provide access to a particular work if it is retrievable from another source in electronic form, rather than scanning the item into the electronic reserves system. The availability of the work from another source for a license fee does not itself preclude a fair use of the item by the library.
• 6. The library should not add any material to the electronic reserves system unless the instructor, the library, or another unit of the educational institution possesses a lawfully obtained copy.

B. Copyright Notice

• 1. If the original work has a copyright notice, the following statement shall appear prominently on or near the first page of the work or at some other prominent place where users will likely see it in connection with access to the particular work:

  "The original work from which this copy is made includes this notice: [restate the elements of the statutory copyright notice: e.g., Copyright 1995, XXX Corp.]"

• 2. Works published by the U.S. government and public domain materials are not protected by copyright, and therefore the electronic reserves system is not required to display any copyright notice with respect to such works.
• 3. If the work lacks any copyright notice, but may still be protected by copyright, the following statement shall appear prominently on or near the first page of the work:

  "The original work from which this copy is made does not contain a copyright notice. The lack of a notice does not necessarily mean than the work is not protected by copyright law."

• 4. On all in-house workstations that provide access to the electronic reserves system, the library or media center must display a notice, consistent with the notice required by section 108(f)(1) of the Copyright Act, with additional language cautioning against further electronic distribution of the digital work.

C. Access and Use

• 1. Access to materials included in electronic reserves systems is limited to students registered in the class for which the items have been placed on reserve.
• 2. Institution must verify the eligibility of students enrolled in specific courses. Libraries should utilize an effective verification method, such as a password/ID verification by either the electronic reserve system or the institutional network.
• 3. The electronic reserves system may permit simultaneous access by different students or multiple access by a single student.
• 4. Authorized students may access materials in the electronic reserves systems from workstations located in libraries, students' residences or place of employment, or from other sites.
• 5. Students may view, download, or print materials included in the electronic reserves system. At a minimum, printing and downloading are permitted to meet the requirements of the Americans with Disabilities Act or to minimize toll charges for students using a modem connection.
• 6. Students may identify or access materials included in the electronic reserves system by course specific access points, such as department, instructor name, course number, or room number.

D. Storage and Reuse

• 1. Libraries shall seek permission from the copyright holder if the item is to be reused in a subsequent semester.
• 2. Libraries may retain materials in electronic form while seeking permission, or until the next term in which then might be used. Libraries shall not provide access to materials not on reserve for the current term.