2.2 Physical & Electronic Reserve Services
The purpose of the library reserve services is to support teaching and scholarship. Ikeda Library purchases materials and subscribes to electronic resources for the nonprofit educational use of SUA students and faculty. All library collections are acquired with the understanding that there will be multiple uses of an item.

Reserve items are separated from the regular library collection, and restrictive loan policy is assigned to them for the purpose of offering easier access by group of students. They are circulated to enrolled SUA students only, and usage is highly restricted. The loan period for physical reserves is typically limited to 2 to 6 hours, and the items are kept in a closed area behind the Circulation Desk.

Electronic reserves are placed in SUA’s course management system, Angel. Angel Administrators implement technical security measures to guard against unauthorized access to the electronic contents. Login is required to enter Angel and students can only view the current courses in which they are enrolled. The instructors are directed to place persistent URL links, rather than scanned documents, in Angel. The access to reading materials included in the course is restricted approximately four weeks after the end of the academic term.

The Reserve Request Form must be submitted online, in person, or via campus mail at least 5 working days before the expected use. Rush orders may be accepted on a limited basis; however, placement in a timely manner is not guaranteed.

2.2.1 Copyright and Fair Use Analysis
In order to assure that the library staff and patrons comply with the United States Copyright Law, the following policies are implemented.

Based on the Fair Use Doctrine (see 3.2.2), only the section of reading that is absolutely necessary for educational use (i.e. meeting the teaching goal) should be placed on reserve.

In all reproduced materials, the library includes a copy of the copyright notice as it appears on the original publication and stamps a 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.”

No charge is made for access to the reserve materials.

If the items are not owned by the library or accessible through library electronic resources, they will be purchased. Originals owned by professors may be reserved on a temporary basis.

The responsibility for a Fair Use analysis firmly rests with the individual faculty member. With the statement, the requested portion will be reproduced and placed on reserve for the requested block or semester.

The same reproduced reading (not owned or licensed by the library) is not placed on reserve more than one semester by the same instructor unless permission is granted by the copyright holder.  If the professor wishes to put it on reserve again in the subsequent terms, the request should be made 2 months before students are expected to use them since obtaining permission typically takes time.

The library staff seek permission for the particular reserve usage and maintain appropriate records. Only if permission is granted, will the reserve request be fulfilled. Lack of response from the copyright holder is interpreted as “no permission granted.”

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

2.2.2 Placing Physical Reserve (Library)

• Whether acquired by the library or the professors, only legally purchased originals are accepted.
• Electronic reserve is not available for audio and visual items such as CD, DVD, and VHS. They are accepted to be placed on physical reserve.
• Typically, there are no more than 18 students enrolled in a course at SUA. The library does not place multiple copies of a requested item.
• A textbook may be put on reserve as long as it is sold at the university bookstore. If only a limited portion of a textbook (owned by the library or professor) is to be placed on reserve, the textbook does not need to be available for purchase at the university bookstore.
• If a substantial amount of an item needs to be on reserve, the whole original item (instead of copied pages) would be placed on reserve.
• At the end of each term, all library items are returned to the library shelves, and professors’ personal copies are returned to them. 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.

2.2.3 Placing Electronic Reserve (Angel)

• The library is actively reviewing and gaining access to increasing number of electronic resources including e-books, e-journals, and full-text databases. Many of the items requested for electronic reserve are accessible through library e-resources. When the library receives a reserve request for a full-text periodical article or a portion of an e-book, the persistent/durable URL is uploaded to Angel to be included in the course syllabus. Linking, rather than scanning, is promoted.
• The reserve staff prepares a print out of the e-resource to be filed and possibly used during the semester/block in case of internet connection interruption.

Fair Use and Electronic Reserves (http://www.ala.org/ala/issuesadvocacy/copyright/fairuse/fairuseandelectronicreserves/index.cfm) by American Library Association

Fair-Use Guidelines for Electronic Reserve Systems, Revised: March 5, 1996
Copy in the Reserve folder

Statement on Fair Use and Electronic Reserves (http://www.ala.org/ala/mgrps/divs/acrl/publications/whitepapers/statementfair.cfm) by American Library Association

2.2.4 Accessing Reserve Items

• When the library is open, any library staff member may retrieve the reserve items placed at the Circulation Desk. The loan period is usually 2 to 6 hours, unless specified by the professor. Reserve items must be returned directly to the Circulation Desk to avoid any late fees. The return boxes should not be used.
• To view what is on reserve or check the availability, students may type in the professor’s name on the “Search by Professor” page: http://ikedalibrary.soka.edu/srchelp_p.html or class name on the “Search by Class” page: http://ikedalibrary.soka.edu/srchhelp_r.html
• Some professors make their reserve items available on the ANGEL course management system. They are accessible at http://ANGEL
• Students can make only one copy of the reserve for individual use; no mass copying for the entire class is allowed.

Any questions related to the library reserve services may be directed to Gosha Domagala (480-4109, mdomagala@soka.edu) or Leigh Moynihan (480-4358, lmoynihan@soka.edu).

3. Copyright and Intellectual Property
Copyright is explained as “a form of protection provided by the laws of the United States (title 17, U.S. Code [http://www.copyright.gov/title17/]) to the authors of ‘original works of authorship,’ including literary, dramatic, musical, artistic, and certain other intellectual works” by the United States Copyright Office. This protection is applied to both published and unpublished works.

When it comes to copying material, what is possible is very different from what is legal. In these days of emailed articles and electronic reserves, it is up to all members of the SUA community to know and abide by the copyright laws. Individuals breaking the copyright rules risk exposing the university and themselves to large fines. Willful copyright infringement carries a fine of up to $150,000 in civil statutory damages per item in the academic environment where there is no commercial gain (17 U.S.C. § 504 (c)(2) http://www.copyright.gov/title17/92chap5.html#504).

Although all library staff and patrons are advised to make a good faith effort and exercise good judgment to comply with the law, the responsibility of compliance rests with each individual. It is in the SUA community’s interest as authors and prospective authors to respect copyright restrictions. The copyright law guides library service policies and procedures. However, these policies do not have the force of law.

The 1976 Copyright Act gives the copyright holders the following exclusive rights: the rights to reproduce, modify, distribute, publicly perform, and publicly display their work. Others need permission from the copyright holder, pay for these rights, or qualify for an exemption.

3.1 Permitted Uses (No permission required)
The library pays annual institutional subscription fees for the SUA community to access electronic resources. As authorized users, current SUA students and employees are allowed to use the information for private study or share the link to the work with other authorized users without seeking permission. Such uses are permitted in the license agreement.

When information is accessible from a free website or a database subscribed to by the library, linking is the best practice. Because no copy is made in the process of linking, there is no need for concern about the copyright law. When sharing the information with other authorized users, providing a complete citation including a persistent Uniform Resource Locator (URL) is encouraged. The library staff offers help to anyone who wishes to obtain the durable URL for linking and sharing purposes.

3.2 Exemptions
There are several other situations in which asking for permission or paying fees are not necessary. They are exceptions to the copyright holder’s exclusive rights to reproduce a work. The following is a summary of the exemptions SUA students, faculty, and staff may use to copy or scan a copyrighted work without getting the permission of the copyright owner or paying royalties.

3.2.1 Public Domain Exemption
The majority of library items fall under works protected by copyrights, but there are some works NOT protected by copyrights as explained by the U.S. Copyright Office (http://www.copyright.gov/circs/circ1.pdf). Items are not covered by copyrights if they are in the public domain. Facts, ideas, works that have been timed out, or documents produced by the federal government are some examples.

3.2.2 Fair Use Doctrine
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 or licensed 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 (http://www.copyright.gov/title17/92chap1.html#107) 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 equal 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. A Fair Use analysis does not have to be conducted if the particular use of an electronic resource is permitted in the license agreement.

3.2.3 Classroom Exemption
Performance or displays of copyrighted material are allowed in face-to-face classrooms.
§ 110. Limitations on exclusive rights: Exemption of certain performances and displays
(http://www.copyright.gov/title17/92chap1.html#110)

Faculty can distribute small portions of journals or books to all students in their class for discussion and study.

The TEACH Act (http://www.copyright.gov/legislation/pl107-273.html#13301) was enacted to give some copyright exemptions to distance learning courses for digital transmissions of items that would be legal in a physical classroom situation. Since SUA does not have any distance education components in the curricula, the library has not incorporated any TEACH Act exemptions into the policy. TEACH provisions do not apply to supplementary resources including e-reserves and digital library resources.

There are guidelines for 1) Single copying for teachers and 2) Multiple copies for classroom use. “Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with respect to books and periodicals” is included in the document, “Reproduction of Copyrighted Works by Educators and Librarians” (http://www.copyright.gov/circs/circ21.pdf) by United States Copyright Office.

Ikeda Library holds a number of books on the subject of copyright. In addition, the Library recommends the following guides for faculty:

Teaching

• Know Your Copy Rights – What You Can Do: A 2007 Brochure Aimed at Faculty and Teaching Assistants (http://www.knowyourcopyrights.org/bm~doc/kycrbrochure.pdf) by Association of Research Libraries
• Using Copyrighted Works in Your Teaching – FAQ: Questions Faculty and Teaching Assistants Need to Ask Themselves Frequently (http://www.knowyourcopyrights.org/bm~doc/kycrfaq.pdf) by Peggy Hoon, J.D., Visiting Scholar for Campus Copyright and Intellectual Property, Association of Research Libraries
• Exceptions for Instructors eTool (http://librarycopyright.net/etool) by Michael Brewer and ALA Office for Information Technology Policy
• Reproduction of Copyrighted Works by Educators and Librarians (http://www.copyright.gov/circs/circ21.pdf) by United States Copyright Office
  

Public Domain

• Public Domain Slider: Is it protected by Copyright? (http://librarycopyright.net/digitalslider/) by Michael Brewer and ALA Office for Information Technology Policy
• Copyright Term and the Public Domain in the United States (http://copyright.cornell.edu/resources/docs/copyrightterm.pdf) by Peter B. Hirtle of Cornell University
  

Fair Use

• Fair Use Evaluator (http://librarycopyright.net/fairuse/) by Michael Brewer and ALA Office for Information Technology Policy
• Fair Use Checklist (http://copyright.columbia.edu/copyright/fair-use/fair-use-checklist/) by Columbia University Libraries/Information Services Copyright Advisory Office
  

Copyright General Information

• Copyright Basics (http://www.copyright.gov/circs/circ1.pdf) by United States Copyright Office
• Frequently Asked Questions about Copyright (http://www.copyright.gov/help/faq/) by United States Copyright Office
• Ask a copyright question (http://www.copyright.gov/help/) by United States Copyright Office
• Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use (http://ikedalibrary.soka.edu/ala_model_policy.pdf) by the American Library Association [Ikeda Library received permission from ALA to reproduce this and include it on the library website.]

3.2.4 Library Exemption
Reproducing a copyrighted work without the consent of the copyright holder can be an infringement of copyright even if the individual owns a copy of the work. However, as a non-profit educational library, Ikeda Library is allowed to:

• Reproduce limited copies
  Title 17 of the U.S. Code § 108. Reproduction by libraries and archives (http://www.copyright.gov/title17/92chap1.html#108)

In addition, Section 108 Spinner (http://librarycopyright.net/108spinner/) by Michael Brewer and the ALA Office for Information Technology Policy offers a supplemental guide to the library.

• Distribute a lawfully obtained copy through loan, rental or sale
  Title 17 of the U.S. Code § 109. Effect of transfer of particular copy or phonorecord (http://www.copyright.gov/title17/92chap1.html#109)

The owner of a legally obtained copy of a book or serial is entitled to sell, rent, give away or dispose of that copy without the authority of the copyright owner. This exemption has allowed libraries to lend books to their patrons. Items in the digital format such as music, online databases, and software are sold as licenses, not as copies. Therefore, libraries lose the right to be as free in distributing these items.

3.3 Obtaining Permission
When the copyright owner is unknown, the information may be retrieved by using the Search Copyright Information database (http://www.copyright.gov/records/) provided by the U.S. Copyright Office. It is listed under “Copyright Claimant” in the bibliographic record. To seek permission for the use of a library reserve, this letter is used (http://ikedalibrary.soka.edu/Copyright_Permission_Letter.pdf). In many cases, locating the copyright owner or getting response is very difficult. When necessary, payment will be made with the Copyright Clearance Center. The Copyright Clearance Center allows users to pay the respective publishers.

3.4 Websites
The images and text posted on the Internet are covered by copyright restrictions. The copyright statement can be found at the bottom of the web page. If there is no copyright notice, it is still automatically covered for the life of the author plus 70 years.

Copyright is international. The U.S. is signatory on the Berne Convention which binds U.S. citizens to copyright compliance on items posted in other countries (Berne Convention for the Protection of Literary and Artistic Works, published by the World Intellectual Property Organization: http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html). If a particular use does not qualify as Fair Use (see 3.2.2), permission to use the work must be obtained from the copyright owner. Seeking permission is not necessary when sharing the contents of a free website by providing URL links.

The Web has spawned an alternative to copyright, sometimes called copyleft. At Creative Commons (http://creativecommons.org/), web authors let people know the level of sharing they will allow. It supersedes copyright laws. The website of Creative Commons is also a good place to find web content that is free to use. 

Repeat offenders of illegally downloading copyrighted music and movies risk large fines, library account termination, or expulsion from the university.

3.4.1 Digital Millennium Copyright Act (DMCA)
The DMCA provides a limitation of liability for online service providers such as libraries and universities when their server stores and delivers items from third parties that are not in copyright compliance. This is clarified in § 512. Limitations on liability relating to material online
(http://www.copyright.gov/title17/92chap5.html#512).

Any concerns on the SUA website, including the library pages, should be directed to the Copyright Compliance Agent on campus: Director of Information Technology. He is the designated Copyright Compliance Agent to be contacted by copyright holders about infringements. This person is registered as the university’s agent at the Copyright Office and listed in the directory included in “Service Provider Designation of Agent to Receive Notification of Claims of Infringement” (http://www.copyright.gov/onlinesp/).

SUA conforms to industry standards in the technological protection of digital information.

3.5 Video Recordings
Video recordings, whether on VHS, CD-ROM, DVD, or other formats, are subject to copyright protection. Media items in the library are purchased only for educational activities associated with instruction. They can only be shown in the classroom by an instructor (not for recreation or entertainment) or viewed at home by the borrowers. They are not to be shown to a group in an extracurricular activity even if it is educational.

§ 110. Limitations on exclusive rights: Exemption of certain performances and displays
(http://www.copyright.gov/title17/92chap1.html#110)

3.6 Copiers, Printers, and Scanners
As a reminder to all library staff and patrons, the library posts this notice on all copiers and printers that patrons may use:

NOTICE
WARNING CONCERNING COPYRIGHT RESTRICTIONS

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.

Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specific conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "Fair Use," that user may be liable for copyright infringement.

This institution reserves the right to refuse a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.

3.7 Copyright Ownership: Works Made by SUA Students and Employees
Students and Faculty retain sole copyright ownership or the right to assign it to a publisher. Non-faculty staff do not have copyright ownership of items made in the course of fulfilling their job requirements. Those items are considered work-for-hire and the university holds the copyrights to them.

The SUA logo is protected by copyright. The university’s Information Technology department retains the logo to be used on university web pages and publications. The logo is not to be used without permission from the Director of Community Relations.

Ikeda Library • 1 University Drive, Aliso Viejo, CA 92656 • 949-480-4105 • library@soka.edu
© Copyright 2009 Soka University of America • Webmaster • Copyright Compliance Agent • Last updated: March 18, 2011