University of
Wisconsin – Washington County Library
Guidelines for Faculty: Reserves and Electronic Reserves
I. General Statement on Copyright
The UWWC Library supports and acts in
accordance with the fair use provisions of the Copyright Act of 1976,
Section 107, which permits the making of copies for classroom use if the
four determining factors are considered and found to be in support of
fair use. The Fair Use analysis is applied on a case by case basis in
each and every instance of copying. Those factors to be considered in
determining if the copying is fair use are:
1)
The purpose and character of the use (education is more likely to
be fair use: and use that causes the work to be used for a new purpose
is more likely to be fair use.)
2)
The nature of the copyrighted work (a fact-based work is more
likely to be fair use than a creative fictional work.)
3)
The amount and substantiality of the copied portion compared to
the work as a whole (a small portion of the work is more likely to be
fair use).
4)
The effect of the use on the potential market (copying that does
not cause someone to not buy the whole work is more likely to be fair
use).
The Library has also adopted a number of guidelines
for Electronic Reserve which were included in the Fair Use Guidelines
for Electronic Reserve Systems, developed by participants in the
Conference on Fair Use (CONFU). The Library stays abreast of
developments with regards to digital copyright laws and guidelines and
modify its copyright guidelines for Reserve and Electronic Reserve as
needed. See Resources for Copyright Information below for
important sites which provide current copyright information.
II. Placing Material on Reserve or Electronic
Reserve – General Guidelines
1)
Material shall be placed on either Reserve or Electronic Reserve
at the initiative of the faculty or staff at UWWC solely for the
non-commercial, educational use of UWWC students.
2)
Fill out one request form for each item to be placed on Reserve
in the Library. Forms are available at the library circulation desk or
see below. When signed by the faculty member, indication is made that
the instructor is following the Copyright Act (title 17 U.S. Code).
3)
Any items already owned by the UWWC Library (including those
owned in digital form) may be placed on Course Reserve for a semester
without asking for copyright permission.
4)
Allow at least 2 days for the items to be placed on Reserve, and
at least 2 weeks for e-Reserves.
5)
The Library will follow the principles of Fair Use when
determining if copies should be placed on Reserve or e-Reserve.
6)
A copyright notice will appear on the first page of any scanned
document available via electronic reserve. A copyright notice will be
stamped on the first page of each document on Reserve. In addition, a
copyright notice is affixed to each printer and copy machine located in
the Library and computer labs.
7)
Materials on reserve and e-Reserve are available only to current
UWWC students.
8)
Students are not charged a fee to access reserve or e-Reserve
items. The charge for copies made by students on library printers will
be the same as for all other library printing.
9)
Material made available for student use through Reserve or
e-Reserve will be removed when it is no longer needed. For
example, student access to e-Reserve materials may be terminated at the
end of the term.
10)
Longer works, such as complete books, will not be copied for
Electronic Reserve, even if the works are in the public domain or
otherwise within the scope of the fair use guidelines.
11)
Coursepacks will not be placed on Reserve. In addition, faculty
cannot in effect create a coursepack by placing several articles
together on reserve under one title. Individual citations must be
provided for each item.
12)
The original copy of an item must be placed on physical Reserve for each
item on e-Reserve
13)
Required textbooks
may not be placed on Reserve in substitution for purchasing a copy.
Textbooks may only be placed on Reserve as a temporary measure when the
bookstore is out of stock, but the textbook must be removed from Reserve
as soon as the bookstore has received shipment.
14)
The library is not responsible for lost personal copies or other
items.
III. Guidelines for Fair Use copying or scanning
The library staff may do Fair Use copying or scanning
for Reserve or e-Reserve. In general, the staff will use the following
guidelines:
1)
Only one journal or newspaper article from each issue may be used
2)
Not more than a single chapter may be used.
3)
Only one chart, graph, diagram, drawing, cartoon, or picture per
book or journal issue may be used when the entire article or chapter is
not used
IV. Copying or scanning beyond Fair Use
guidelines
If a faculty member needs material copied or scanned
for Reserve or e-Reserve that, in the library staff member’s judgment,
exceeds the bounds of the Fair Use Guidelines, then copyright permission
must be secured. To complete that process:
1)
The faculty member must contact the owner of the copyrighted
material to request permission (see below)
2)
While copyright permission is being requested, the Library will
temporarily make the material available, pending permission from the
copyright owner
3)
Any fees or charges associated with obtaining copyright
permission are the responsibility of the faculty member.
4)
Once the faculty member has received permission to have the
material copied or scanned, evidence of that permission must be
forwarded to the Library staff. An e-mail from the copyright holder
granting permission is acceptable. Evidence of copyright permission and
payment (when applicable) shall be retained by the Library.
5)
The Library staff will comply with the permission parameters that
are specified by the copyright holder.
V. How to request copyright permission
1)
Determine the holder of the copyright. In most cases, the
copyright owner is the publisher rather than the author. Useful
resources for locating publisher’s addresses and e-mail’s are listed
below.
2)
Once the publisher’s contact information has been determined, use
one of the sample letters provided to request permission from the
publisher. Some publishers will accept a request for permission via
e-mail, which may provide faster turnaround time for your request.
3)
Any reply from the publisher should be forwarded to the Library
staff so that we will know how to proceed. This information will be kept
on file in the Library. Any fees associated with obtaining permission
are the responsibility of the faculty member.
An alternative to
contacting the publisher directly is to use the services of the
Copyright Clearance Center (CCC). The CCC is the largest
licenser of text reproduction rights in the world. “Copyright Clearance
Center manages the rights to over 1.75 million works and represents more
than 9,600 publishers and hundreds of thousands of authors and other
creators” (from the CCC web site). Individuals may search the web site
to see if the item in question is listed and set up their own account
with the CCC. The CCC manages the rights to all the material included in
their website and can grant copyright permission in lieu of the
publisher.
--Resources for Copyright Information—
The
Association of American Publishers (AAP) maintains a web site with
current contact information for over 300 publishers with offices in the
United States.
http://www.publishers.org
AcqWeb is an international directory of publishers and vendors. This
list is very complete and often used by librarians to locate and contact
publishers. It includes links to publishers’ web sites and e-mail
addresses.
http://acqweb.library.vanderbilt.edu
“The
WATCH File (Writers, Artists, and Their Copyright Holders) is a
database containing primarily, but not exclusively, the names and
addresses of copyright holders or contact persons for authors and
artists whose archives are housed, in whole or in part, in libraries and
archives in North America and the United Kingdom. WATCH is a joint
project of the Harry Ransom Humanities Research Center at the University
of Texas at Austin and the University of Reading Library, Reading,
England.” (from the WATCH File web site).
http://tyler.hrc.utexas.edu/
*Sample
e-reserve letter (for articles)
Date:
To: [copyright holder]
From: Professor
Dept.
University of Wisconsin – Washington County
Re: Permission to use copyrighted material
I would like your permission, as the holder of
copyright for the material listed below, to allow the materials to be
scanned by the UW-WC Library and made available via their electronic
reserve system to the students in my class.
Materials included in electronic reserve are only
accessible to authenticated students and faculty for the duration of the
class. The reproduction will faithfully copy the work in its entirety
and will include a copyright notice.
Citation of Material to be used:
Author(s):
Title of article/Chapter:
Journal/Book title:
Date/Volume/Edition:
Chapter(s)/Pages to be scanned:
Thank you for your prompt reply to this request and
for assisting in the educational process at the University of Wisconsin
– Washington County.
*Sample
hard-copy reserve letter (print, film, music, etc.):
Date:
To: [Copyright Holder]
From: Professor
Department
University of Wisconsin - Washington County
Re: Permission to use copyrighted material
I would like your permission, as the holder of the
copyright for the material listed below, to allow the material to be
copied by the UW-WC Library and made available to students in my class
through the Libraries' Reserve Desk.
Only one copy of the work will be made by the
library staff. Access to this copy will be restricted to the UW-WC
community. The reproduction will faithfully copy the work in its
entirety and will include a copyright notice.
Citation of material to be used:
author(s):
title of article/chapter:
journal/book title:
date/volume/edition:
chapter(s)/pages to be scanned:
Thank you for your prompt reply to this request and
for assisting in the educational process at the University of Wisconsin
- Washington County.
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