Policy takeaways:
- This policy is about copyright rules for course reserves – course materials that professors can put on hold for students to use at the library.
- The library can provide a copy (within what is legal) of copyrighted material when it is for coursework and research.
- Materials cannot be placed on reserve unless the instructor, library or the university owns a purchased copy.
- Materials are only available to the UVM community, and only available during the semester when the course is taught.
- Limitations to the amount and format of materials that can be made available are highlighted below.
The copyright law of the United States (Title 17, US Code) governs the making of reproductions of copyrighted material. Under certain conditions, libraries are authorized to furnish a reproduction, but one of the specified conditions is that the reproduction will not be used for any purpose other than private study, scholarship, or research.
Because the library is considered an extension of the classroom, access to reserve materials is limited to course and instructor's name. When faculty submit items to Reserve/EReserve, they should provide the author's name, title of the work, and copyright statement, if there is one. Reserve materials are available only for the semester in which the class is taught. Any uses beyond the first semester require copyright permission.
Instructors should not place materials on reserve unless the instructor, the library, or another unit of the university possesses a lawfully obtained copy. The total amount of material on reserve for a class should be a small proportion of the total assigned reading for that class when invoking fair use. Materials are available only to the University of Vermont community and all are expected to adhere to these copyright and fair use guidelines.
New, and as yet uncodified, interpretations of the copyright law apply to libraries' electronic reserve systems that provide access to online class materials. Therefore, University Libraries Copyright Guidelines apply alike to materials provided through the David W. Howe Memorial Library Reserve Desk and to materials available through Electronic Reserve.
The guidelines described below apply to all Howe Library Reserves and are in compliance with US Code, Title 17 and UVM Copyright Policy V.2.12.1. Material submitted which violates any of these regulations will NOT knowingly be made available by the library. Instructors will be notified upon discovery of copyright violations and will result in delayed access to class materials through University Libraries.
Books
One chapter (or 10%) from a book may be placed on reserve unless the instructor received the copyright holder's written permission and acknowledged receipt when submitting materials to reserve. This applies to edited collections of readings and essays because each reading is considered a chapter.
Journals and Newspapers
Only one article of the content of an issue of one journal may be placed on reserve unless the instructor received the copyright holder's written permission and acknowledged receipt when submitting materials to reserve. Newspapers are treated the same as journals.
Multiple Copies
For the academic year, only two copies of photocopied material is allowed for every 25 students enrolled in a class, or any fraction thereof, but no more than 5 copies per class. The photocopy should contain the copyright statement.
US Government Publications
Most government publications are in the public domain, i.e., they are not copyrighted, allowing unlimited use and reproduction.
Course Packs
Up to 2 copies of an authorized course pack (produced by Print & and Mail Center) may be placed on reserve. The course pack must be for the current semester only and produced under the guidelines of current copyright law. Course packs from previous semesters will not be placed on reserve unless copyright permission has been extended. Course packs will NOT be scanned for electronic reserve. For more information on course packs and course pack copyright guidelines, please contact Print & and Mail Center, x62960.
Everyone submitting materials to the David W. Howe Memorial Library Reserve Department must agree to the two following statements. If an instructor cannot abide by these guidelines, the library cannot provide access to the course materials without violating the US copyright law US Code, Title 17 as it pertains to libraries. (For further information, please refer to the US Code Title 17 sect. 108 and UVM Copyright Policy V.2.12.1).
Content courtesy of University of Michigan Libraries.
Fair use allows certain uses of copyrighted material without permission from the copyright holder. There are four factors to consider when determining whether your use is a fair one. You must consider all the factors, but not all the factors have to favor fair use for the use to be fair.
The four fair use factors are
Fair use favors “purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, [and] research.” While many uses for educational purposes are fair, not all are. You need to evaluate your use each time you are reproducing copyrighted material — to show in your class, to hand out copies, to include in your writing, or to post on your course website.
Fair use is codified at 17 U.S.C. § 107.
Understanding the Four Factors:
First Factor: "The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes"
Second Factor: "The nature of the copyrighted work"
Third Factor: "The amount and substantiality of the portion used in relation to the copyrighted work as a whole"
Fourth Factor: "The effect of the use upon the potential market for or value of the copyrighted work"
Please refer to the FAQ section of the University of Michigan Fair Use research guide for helpful examples.
The University of Vermont Libraries attributes the content regarding Fair Use to the University of Michigan Libraries Fair Use research guide. The University of Michigan provides these guidelines subject to a Creative Commons Attribution 4.0 license.
Comments? Questions? Concerns? Contact Reserve Department, David W. Howe Memorial Library, 656-2023.