• Requesting a Reserve Service
• Items Accepted for Library Reserve
• Copyright and Fair Use Analysis
• Fair Use Exemption

Requesting a Reserve Service

• To place books or audiovisual materials on reserve, Reserve Request Form needs to be filled out. This confirms copyright compliance is in effect. The form along with the items to be on reserve should be submitted to the Circulation Desk at least 7 days before students are expected to use them. When placing personal copies, professors are requested to print their name on the items.

• If the library does not own the titles that need to be on reserve, faculty may request the library purchase them by filling out the Purchase Request Form at least 8 weeks prior to the date needed for class use.

• At the end of each term, all reserve items are returned to the library shelves. The professor's personal copies are placed on the hold shelf at the Circulation Desk where they can be picked up. The library does not store materials to be used in subsequent courses. Faculty members have to place a new reserve request at each academic term.

Items Accepted for Library Reserve

• Ikeda library accepts physical reserves (as opposed to electronic) such as books, videos, CDs, and DVDs to put on reserve upon faculty request. Whether acquired by the library or the professors, only legally purchased original items are accepted.

• To comply with the copyright law, the library does not accept copied music or video.

• Book chapters and periodical articles should be placed on ANGEL, SUA's online course management system. Faculty may ask ANGEL Courseware Assistant, Barbara McGrath at 480-4195 or bmcgrath@soka.edu about scanning and posting them on ANGEL.

• Articles accessible through library databases may be linked from ANGEL.

• Based on the fair use doctrine, only the portion that is absolutely necessary for the educational use (i.e. meeting the teaching goal) should be placed on reserve.

• Reserve items are circulated to enrolled students only, and the usage is highly restricted. The loan period is typically limited to 2 to 6 hours. The materials are kept in a closed area behind Circulation Desk.

• A textbook may be put on reserve as long as it is sold at the university bookstore. If the professor is requiring that students read only a portion (1 or 2 chapters) of a textbook owned by the library or a professor, the textbook does not need to be available for purchase. The required chapters should be scanned and put up on ANGEL.

• If a substantial amount of the book needs to be on reserve, a whole book should be placed on reserve, instead of copied pages.

• The library does not place Interlibrary Loan (ILL) items or books checked out from other libraries to the faculty on reserve. With express permission from the lending library, the library accepts ILL items as an exceptional case. However, it is strongly advised that the faculty request the library purchase the items ahead of time to put on reserve.

Copyright and Fair Use Analysis

• The responsibility for a fair use analysis firmly rests with the individual faculty member. To analyze whether the use in question falls in a fair use category, the faculty is advised to use the checklist, Copyright Clearance Form posted in ANGEL's Faculty Group.

• Before the item is placed on library reserve, the professors will be asked to sign a statement confirming copyright compliance is in effect.

• If the instructors determine that the use of a copyrighted material is not a fair use, they are responsible for obtaining copyright permission or making payment at Copyright Clearance Center. Faculty members may contact ANGEL Courseware Assistant, Barbara McGrath at 480-4195 for help with the Copyright Clearance Center process.

• In all reserve items, the library places this copyright notice on the cover page, “Warning Notice: The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyrighted material; the person receiving this copy is liable for any infringement in its use.”

• The only way to search reserve items on the library website is by professor's name or course title. This is to limit accessibility to registered students only. The library does not allow search capability by article title or author.

• The Campus Guide to Copyright Compliances by Copyright Clearance Center guides the library reserve policies.

Fair Use Exemption

Fair Use is an exemption for copying material for “criticism, comment, news reporting, teaching, scholarship, or research.” It does not permit the copying of the entire work.

The library collections are purchased for non-profit educational use. All library staff and patrons use the measurements of fair use described in Section 107 of the U.S. Code Title 17 when they exercise the right to use copyrighted works without asking for the copyright holder's permission.

There are four factors used to judge if copying is within Fair Use parameter. Each one carries the same significance; in other words, none of the four factors has greater significance.

Because fair use exemption is interpretive, there are no black and white answers. Each case at hand must be examined carefully, taking the following factors into consideration.

• The purpose of the use (commercial or non-profit, educational)
• The nature of the copyrighted work (highly creative or factual)
• The amount and substantiality of the portion used (substantial or small amount)
• The effect on the potential market (significant or minimum)

The responsibility for a fair use analysis firmly rests with each individual. The Fair Use Checklist, created by Indiana University on the website of the Copyright Management Center, will help in determining if fair use exemption would apply to the particular case at hand.

More useful resources are available at The Campus Guide to Copyright Compliances by the Copyright Clearance Center .

Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use published by ALA also provides helpful information for determining if a specific educational use may be covered by the doctrine of fair use. [The library received the permission from ALA to reproduce this and include it on the library website.]

For questions regarding reserves, please contact Gosha Domagala at x4109