H. Laddie Montague, Jr. Law Library Electronic Course Reserves - Copyright

General Policy

• Electronic reserves is an extension of traditional print based library services and will be provided in a manner that respects fair use rights, the rights of copyright holders, and current copyright law
• All materials will be placed on reserve at the request of faculty only for the noncommercial, educational use of students
• All materials placed on reserve will be reproduced from copies lawfully obtained by either the requesting faculty member or the library
• Only limited amounts of copyrighted material may be reproduced for reserve (see Specific Guidelines below)
• Students will not be charged for access to reserve materials. The charge for copies made by students will be limited to the cost of reproduction
• All files will include a complete citation and notice of copyright as the first page indicating that they may be subject to copyright restrictions
• Authentication will be required for access to reserve files. Readings will be accessible only by course number, course name or instructor name
• Licensed full-text electronic resources will be used in place of reproducing copyrighted material whenever possible

Specific Guidelines

Frequently Asked Questions

Copyright Guidelines for course reserves are considered in compliance with U.S. Code: Title 17, Section 107 governing Fair Use (see Sec. 107. Limitations on exclusive rights: Fair use below). Specifically, any reproduction, either photocopied or electronic of copyrighted material that is placed on course reserve at any Penn State University Library, will conform to the following:

• Materials placed on course reserve will not exceed 15% total page count of any single book or monograph.
• Journal article submissions must not exceed two articles from any single issue of a journal.
• Materials placed on course reserve will be made available for students and faculty only during semesters when the requesting instructor is actually teaching the course, and will be removed after the course is no longer in session.
• Materials placed on course reserve for a single course/instructor/semester will be considered "fair use."
• Materials placed on course reserve for any subsequent semester for the same course/instructor will require copyright permission. Copyright permission will be sought by reserve staff though the Copyright Clearance Center. Materials for which copyright permission is unavailable will be removed from course reserve.

"I'll be teaching this course again - can I just leave my reserves on permanently?"

It is considered a violation of fair use to maintain access to copyrighted materials for a particular course when that course is not in session. It is also a violation if the instructor requesting the materials is not actively teaching the course.

"I need more than 15% of this book posted electronically - can I post 10% now, and then take that down and post another 10%?"

Fair use is considered on a semester basis, therefore we cannot post successive portions totalling more than 15% of any single work within the same semester.

"Does it matter if the material that I want to post is out of print?"

Unfortunately, no. Out of print materials are subject to the same copyright guidelines.

Note about Anthologies

Generally, we will reject requests to reproduce any materials from anthologies that are marketed exclusively to academic audiences. Although not always easily identified, examples of such anthologies include Norton, Heath, and Bedford anthologies. Reproducing material from such sources may be considered as having a direct negative impact on the market for such material (see number 4 under U.S. Code: Title 17, sec. 107 below).

When submitting requests for anthologized material, please photocopy from original or non-anthologized sources if available.

Sec. 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. 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 a 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. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Note: The electronic copying and scanning of copyright protected works for library reserve service and distance learning are unsettled areas of the law which may be addressed by courts and/or legislation. The University Libraries will continually monitor legal developments that may affect the fair use analysis of Electronic Reserves services to ensure that library services are in compliance with the letter and spirit of the U.S. copyright law.