Definition and Purpose of Course Reserves

General Course Reserve Copyright Guidelines

Specific Guidelines on the Reproduction of Copyrighted Materials for Inclusion in Course Reserves

Definition and Purpose of Course Reserves

Course reserves are materials (including books, disks, A/V materials, journal articles and/or photocopies, electronic resources, instructional equipment and non-book items) chosen by the faculty to support class instruction. The materials are maintained in a separate location within a library, and access to the material is more restricted than is the access to items in general circulation.

The purpose of a reserve collection is to:

1. support the needs of a group of patrons. The group is usually a Cornell class but may also be a special seminar or another unit within Cornell University, such as a department;
2. provide timely, convenient, and efficient access to high-demand materials; and
3. protect materials that are at a high risk of theft or vandalism.

Several of the general principles that govern the acquisition of materials for the Cornell University Library system support the use of the material in the course reserve system. In particular:

• All collections in the Cornell University Library, regardless of format, are acquired by the University for nonprofit educational purposes by students, staff, faculty, and authorized users.
• All library materials are acquired with the understanding that there will be multiple uses made of the item.
• With journals, Cornell University Library frequently must pay a premium institutional subscription price, which may be many times an individual subscription price, for the privilege of supporting multiple academic users.

The Library’s course reserve systems are a traditional library service that will be provided in a manner that respects the rights of copyright holders and the limitations to those rights as specified in current copyright law.

General Course Reserve Copyright Guidelines

The Cornell University Library guidelines on copying for course reserve reading services derive from the fair use provisions of the copyright law of the United States as found in Section 107 of Title 17 of the United States Code. Section 107 expressly permits the making of multiple copies for classroom use under certain circumstances. Such educational copying is one of the six illustrative examples of acceptable fair use given in the section. The text of Section 107 is:

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 in 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.

The Library reserves the right to refuse to place on course reserve any material that it feels may violate these copyright guidelines.

Specific Guidelines on the Reproduction of Copyrighted Materials for Inclusion in Course Reserves

1. Materials will only be placed on reserve at the request of the course instructor. Course reserve materials are intended solely for non-commercial, educational use.
2. Only lawfully acquired material may become part of the course reserve system. Normally this includes material that the library has acquired or licensed as well as material the instructor provides.
3. Only a small portion of any copyrighted work (i.e., a chapter from a book, one article from an issue of a journal, several charts, graphs or illustrations, or other small parts of a work) may be copied for the reserve system without the permission of the copyright owner.
4. Neither excerpts from nor an entire assigned course packets will be made available electronically without the permission of the copyright owner. Note that items that are available in library-licensed electronic resources normally include the required permission. A physical copy of the course packet can be placed on in-library reserve.
5. Repeated use in the electronic course reserve system of the same material in the same course in subsequent semesters normally requires the permission of the copyright owner. Repeated use may infringe on the copyright owner’s exclusive rights of reproduction and distribution.
6. The Library will not charge for access to reserve materials, nor will it sell photocopies, printouts, or copies of reserve materials.
7. Reproduced course materials should include proper attribution and retain copyright notices. Therefore, the first page on each reserve item should include the notice of copyright that is found in the original item. When no such notice can be found, a legend stating that the work may be protected by copyright can be used.
8. Reproduced materials on reserve will be accessible only by instructor name, course name and department name.
9. In order to view materials in the electronic course reserve system, users will be required to enter a Cornell ID number and have an active record in the Library patron database.
10. At the end of each semester, access to electronic files will be suppressed so they cannot be retrieved from the course reserve system. Materials loaned by faculty to the Library for the course reserve system will be returned to the faculty member who loaned the material.
11. For questions specifically dealing with electronic reserves for audio, the Music Library endorses the Statement on the Digital Transmission of Electronic Reserves issued by the Music Library Association and found at http://www.musiclibraryassoc.org/Copyright/Guidelines/Accepted%20Guidelines/Digital%20Reserves.asp.

6/13/2006