Course reserve procedures for materials protected by copyright rely on the fair use section of the Copyright Act of 1976. Section 107 of the Copyright Act permits the making of multiple copies for classroom use and identifies four factors in determining fair use:
- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
General Guidelines for Electronic Reserve
- Electronic Reserves at Brookdale Community College is intended for the use of the students, faculty, and staff.
- Materials placed on Electronic Reserves will be at the initiative of instructors for the educational and non-commercial use of students.
- The library will pay all “reasonable” copyright fees charged by the publisher or Copyright Clearance Center (CCC).
- Material in Electronic Reserves will be removed from the system at the end of the courses for which the material is intended.
- A copyright warning is attached to each Electronic Reserves document.
- Material in Electronic Reserve will be accessible only through the course name and instructor’s name. Materials will not be accessible by title or author.
- Copyrighted material will be password protected and available only to the students, faculty and staff of Brookdale Community College.
- Electronic Reserves maintains the right to refuse any material it judges is beyond the boundaries of “fair use.”
Copyright vs Non-Copyright Materials
Materials which require copyright permission are:
- a journal article, magazine article, or
- book chapter intended for use for more than one semester.
- multiple chapters from a single book or multiple articles from a single journal or magazine.
Materials which do not require copyright permission include:
- the exams, syllabi, and instructor’s lecture notes,
- a single journal or magazine article used for one semester,
- a single book chapter used for one semester,
- works of art used for one semester,
- material for which the professor or instructor owns copyright.
How to Obtain Permission from Copyright Holder?
The instructor or department is responsibility for obtaining copyright permission when placing item(s) on reserve. The Library will pay all “reasonable” copyright fees charged by the publisher or CCC. Submit your bill to the Library Director’s office (732) 224-2482.
The Copyright Clearance Center (CCC) will obtain permissions for you for a fee.
You may obtain permission on your own, usually at no cost, by writing to the copyright owner.
View a “Sample Draft Letter to Copyright Owner” in PDF.
A copy of the documentation granting permission will be kept in the Library at all times.
For additional information and assistance with placing materials on electronic reserves, please contact the Library at 732-224-2935.
Adapted from Southern Illinois University – Carbondale