|
The purpose of these guidelines is to provide information on copyright for faculty and
other LCC employees who wish to place media or print materials on
reserve at the Library's checkout desk.
The guidelines are based on copyright law, the
American Library Association's "Model
Policy Concerning College and University Photocopying for Classroom, Research
and Library Use," and the common practices of other
college and university libraries.
Copyright permission is needed
before putting some materials on reserve and not needed in other cases.
Copyright permission is not
needed for the following:
- Material for which an
instructor, other employee, or
student holds the copyright and has
given permission for use on library reserve. Note: Students own the
copyright for their works. Instructors should get their permission before
placing their work on reserve.
-
Material in the
public domain, such
as
-
federal government
publications
-
works published before 1923
-
Original (not copied) audiovisual and print items, such as books, videotapes
or journal issues.
-
Single
photocopies to be placed on reserve for one semester only; not for
recurring use. For example:
-
a journal article
-
one chapter, constituting less
than 10% of a book
Copyright permission is
needed for the following:
-
Single or multiple
photocopies (not originals) to be placed on reserve for more than one
semester.
-
Photocopies constituting more
than 10% of a book.
Fair Use
Sometimes it can be difficult to
decide whether a particular use is allowable under copyright law. The Copyright
Act, Title 17 of the U.S. Code,
provides guidelines for fair use of copyrighted materials without having to
secure copyright permission. These statutory guidelines consist of
four factors that can be used to judge when the use of a copyrighted
work is fair use. Below is a very brief description of the
four factors.
1. The purpose and character of
the use
Is the use for educational,
nonprofit or commercial purposes? Use of a copyrighted work is more likely to be
considered "fair use" if it is for an educational, rather than commercial, purpose.
2. The nature of the copyrighted
work
Is the work primarily factual or
imaginative? Use of fiction, poetry, and other imaginative works is less likely to
be considered fair use.
3. The amount of the copyrighted
work being used and its substance
Is a significant portion of the
work to be used? Use of a significant portion or "the heart" of the work is
likely to be considered not fair use.
4. The effect of the use upon the
potential market for or value of the work
Would the proposed use of the work
reduce the market for purchasing the work?
The four factors are considered
together when analyzing whether a use of a copyrighted work is fair use.
Interpreting the four factor can be complicated. For more information, see the
following websites:
"Fair
Use of Copyrighted Material"
, University of Texas
"Copyright & Fair Use", Stanford University Libraries
"Fair Use Questionnaire", Owens Library, Northwest Missouri State University
How to get
copyright permission
If copyright permission is needed,
LCC employees need to secure that permission before bringing materials to the
library to be placed on reserve.
The
Copyright Clearance Center is the best
place to start for journal, magazine, newspaper and book permissions. It
expedites the permissions process online for a small fee. Requests are often
processed within 24-48 hours. The CCC suggests submitting requests 4-6 weeks
before permission is needed, although many requests are pre-approved and granted
automatically.
For information about other ways
to obtain copyright permission for a variety of formats, see
"Getting
Permission", from the University of Texas.
For more information, also consult
the following book:
Getting Permission: How to License & Clear Copyrighted Materials Online & Off
(2004)
Library second floor: Ref KF 3002 .Z9 S75 2004 (in-library use)
Library third floor: KF 3002 .Z9 S75 2004 (may be checked out)
Other considerations for library reserves
In addition, the Library
observes the following guidelines, based on common practice at other libraries:
- Only material with
appropriate citation or attribution will be placed on reserve.
- Each reserve item will
include a copyright notice.
- The amount of material
on reserve may constitute only a small proportion of the total assigned reading for
a course.
For more
information
Copyright law and its applications are complex. For more information about
copyright law in general, see the following resources
Copyright Handbook
Library second floor: Ref KF 2995 .F53 2004 (in-library use)
Library third floor: KF 2995 .F53 2004 (may be checked out)
Crash Course in Copyright,
University of Texas
Library Copyright Information,
Michigan Library
Consortium
Public Domain Material
Material in the public
domain does not require copyright permission to be placed on reserve.
U.S. federal government
publications and many other (but not
all) government documents are in the public domain.
Some copyrighted materials
pass into the public domain when their copyrights expire. See Laura Gasaway's
chart,
"When
Works Pass into the Public Domain"
For more information on the
public domain, see the following book:
The Public Domain : How to Find Copyright-free
Writings, Music, Art & More.
Library second floor:
Ref KF 3022 .Z9 F57 2004 (in-library use)
Library third floor: KF 3022 .Z9 F57 2004 (may be checked out)
For more information about library reserves,
contact
Robin Moore at (517) 483-9616 or
caldwer@lcc.edu
or Cindy Chang at (517) 483-9712 or
changc2@lcc.edu |