|Placing Reserves - For Faculty|
|See Ikeda Library Policies for more information.|
2.2 Physical & Electronic Reserve Services
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
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)
2.2.3 Placing Electronic Reserve (Angel)
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
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
3. Copyright and Intellectual Property
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)
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.
3.2.1 Public Domain Exemption
3.2.2 Fair Use Doctrine
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 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
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:
Copyright General Information
3.2.4 Library Exemption
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.
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
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)
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
§ 110. Limitations on exclusive rights: Exemption of certain performances and displays
3.6 Copiers, Printers, and Scanners
The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.
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.
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