Overview

Copyrighted material submitted for reserve status by an Auraria Campus faculty member in its original published format will formally be accepted for circulation provided that the material does not bear the ownership stamp of another library. The staff of the Auraria Library will make every attempt to protect the rights of the copyright owner of all materials.

General Policy

At the request of a faculty member, the Auraria Library Reserves/Media Department will place on reserve, copyrighted works or excerpts from copyrighted works in its collection, in accordance with the guidelines similar to those governing formal classroom distribution for face-to-face teaching. The Auraria Library believes that these guidelines apply to the Library reserve function to the extent that it serves as an extension of classroom readings or reflects an individual student's right to photocopy for his personal scholastic use under the doctrine of fair use. In general, photocopied materials may be placed on reserve for the convenience of students both in preparing class assignments and in pursuing informal educational activities which higher education requires, such as advanced independent study and research.

Doctrine of Fair Use

In determining whether the use made of a work in any particular case is a fair use, the factors to be considered shall include—

1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

Copy Limitations

If a faculty member requests only one copy of a copyrighted work to be placed on reserve, a photocopy may be made of the entire article, or an entire chapter from a book, or an entire poem.

Requests for multiple copies to be placed on reserve should meet the following guidelines:

1. The amount of material should be reasonable in relation to the total amount of material assigned for one term of a course taking into account the nature of the course, its subject matter and level. (Public Law 94-553, Title 17 U.S. Code Paragraphs (1) and (3)).
2. The number of copies should be reasonable in light of the number of students enrolled, the difficulty and timing of assignments, and the number of other courses which may assign the same material. (Title 17 U.S. Code Paragraph 7 (1) and (3)).
3. The material should contain a notice of copyright, e.g. c1999 Sam Jones. (Title 17, U.S. Code Paragraph 7).
4. The effect of photocopying the material should not be detrimental to the market value of the work. (Title 17 U.S. Code Paragraph 107 (4)).

Examples

1. A faculty member may place on reserve, as a supplement to the course textbook, a reasonable number of copies of articles from academic journals or chapters from books. A reasonable number of copies, in most instances not to exceed five for every twenty students, may be placed on reserve. Factors such as the length or difficulty of the assignment, the number of enrolled students, and the length of time allowed for completion of the assignment may permit more in unusual circumstances.
2. A faculty member may also request that multiple copies of photocopied copyrighted material be placed on reserve if there is insufficient time to obtain permission from the copyright holder for classroom distribution. For example, a faculty member may place on reserve several photocopies of an entire article from a recent issue of Time or the New York Times in lieu of distributing a copy to each member of the class.

Publisher's Permission

If it is determined that the material in question does not qualify under the doctrine of "Fair Use," permission must be obtained by the faculty member from the owner of the copyright. (In many cases, fees are not required by the copyright holder.) When permission is obtained, or a fee is paid, a copy of this permission or receipt of fee must accompany the material placed on reserve. The Auraria Library reserves the right to require that faculty provide proof of permission for materials which the Library feels may violate the fair use provision of Title 17 U.S. Code.

Auraria Library Reserve Regulations

1. The Auraria Library requires that the faculty member provide all copies to be placed on reserve. Reserve Department staff will not make copies.
2. The Auraria Library requires that a faculty member sign a statement saying that he/she believes the use of the copies presented comply with the fair use provision of Title 17 U.S. Code.
3. Multiple copies of a reproduction may be placed on reserve provided that the number of copies does not exceed five for each twenty students enrolled in the class.
4. Photocopies materials may be placed on reserve for one semester. The library will stamp a copyright notice on the first page of photocopies materials. Any item returned to you at the end of the semester with a red copyright warning stamp will not be placed on reserve again without written copyright permission. If the faculty member requires that the materials be on reserve for two or more semesters, the faculty member must obtain permission from the copyright holder. A copy of the permission letter will be kept on file in the Reserves Department.
5. The Auraria Library may require a copy of written permission or receipt of fee paid for copyrighted material which it deems is not appropriate under the doctrine of "Fair Use" as delineated in Title 17 U.S. Code.

Guidelines for Photocopies

To be in compliance with Copyright for all items (E-reserve AND traditional paper reserves):

• We cannot accept more than one chapter from any one book (or 10% of the entire book, whichever is less), or more than one article from any one issue of a journal.
• All photocopies must have complete bibliographical citations typed or legibly printed on the top page or on a cover page preceding the article. Journal articles often have this information already printed on them. If they don’t, please add the citation.
• For book chapters, please provide a complete citation for the source or include a photocopy of the title page of the book from which the chapter is copies.

Photocopies for Electronic Reserve (E-reserve) must meet the following conditions as well:

• High quality originals are required for best scanning results.
• 8.5x11 paper (no books or pamphlets)
• Printed on one side only
• Paper clipped (no staples!)
• A limit of 15 items will be accepted for placement on E-reserve per course, per semester
• A limit of 50 pages per item will be enforced
• Limits on staff time and scanner capability require us to make this limit in order to be fair to all faculty requesting items to be scanned for E-reserve.

	View the Reserves department home page
	Contact the Reserves department