Reserves Services for Faculty
Quick link to access Reserves / E-Reserves Request Form
E-reserves - articles or book chapters
Multimedia- audio/video material
What counts as fair use for educators?
What is protected by copyright?
What is not protected by copyright?
Quick link to Copyright & Fair Use in the Library
Placing Materials on Reserve / E-Reserve
Materials are placed on reserve at the request of faculty members for the educational, non-commercial use of students enrolled in a course. Access is limited to the faculty member for a particular course as well as the students enrolled in that course for which the items have been placed on reserve. As stated in the ALA Model Policy, "materials placed on reserve by faculty are not intended to constitute all of the materials assigned for the course."
Material that may be placed on Reserve -- Books
According to fair use guidelines, the following materials may be placed on reserve at the request of faculty:
1. Course reserve materials that are intended for non-commercial educational use.
2. Copies of materials that are legally owned by the Library or a faculty member.
3. A faculty member's personal copy of copyrighted A/V material that is a commercially produced audio/video recording with accompanying written permission from the copyright owner. (Personal or "home-made" copies of, or excerpts from, commercially produced A/V material are illegal and may not be placed on reserve.)
4. Copies of off-air broadcast recordings (for a period not exceeding 45 days) for use by students in a specific class. All copies of such off-air recordings must include a notice of permission from the copyright holder for the broadcasted program.
5. Materials available in the public domain.
6. Unpublished materials (such as theses, dissertations, power point presentations, faculty notes or student papers) with written permission from the copyright owner.
7. Books and multimedia not owned by the library or the faculty member. If the library or the faculty member does not own the item that is to be placed on reserve, the library will purchase it if possible and place it on reserve.
8. Articles not available through the library databases. If the library or the faculty member does not have access to a journal or a newspaper article that needs to be placed on reserve, the Library will obtain it through interlibrary loan. The faculty member then needs to obtain copyright permission to place this material on reserve.
The library does not purchase textbooks, but will place a faculty member's personal copy of a textbook or course pack on reserve for one semester. Permission must be obtained from the copyright holder by the faculty member if the same reserve item(s) are to be kept on reserve for the same course for consecutive academic terms.
Material that may be placed on Reserves -- E-reserves
The policies governing E-Reserves are based on the provisions of fair use (17 U.S.C. 107). All materials placed on E-Reserve will be at the request of Molloy College faculty members for the expressed purpose of non-commercial educational use. Authorized access to E-Reserve material is available free of charge to Molloy College faculty and students (on and off campus) under one or more of the following conditions:
· Access is limited to the faculty member who placed the material on reserve and the students enrolled in that course.
· Access to E-Reserve material for a particular course is limited to the duration of that course.
· The material on reserve is available in a database to which the library subscribes electronically.
· The material is available in the public domain.
· An individual chapter from a book or an article from a periodical that is placed on E-Reserve is from an item legally obtained by the faculty member placing it on reserve or by the library. (An entire book, collection, or course pack may not be placed on E-Reserve).
· The total amount of material made available on E-Reserve for a specific course, as a matter of fair use, is limited to a small portion of the total assigned reading for that particular course.
· Digital transmission of A/V materials for a specific class is limited to the amount needed to satisfy the pedagogical needs of that class.
· No small portion(s) of any DVD may be reproduced and placed on E-reserve when this is considered to be "interfering with technological access controls that a copyright holder placed on a copyrighted work" as such duplication may be interfere with the anti-circumvention provision of the Copyright Act.
· No material will be placed on E-Reserve without copyright permission when the nature, scope or extent of this material is judged by the Molloy Library to exceed the reasonable limits of fair use.
· Permission must be obtained from the copyright holder by the faulty member who intends to keep any reserve materials for a specific course on E-Reserve for consecutive academic terms, or if the reserve item in question is a required or optional reading for an individual course taught in multiple sections by many instructors.
· Material in electronic format may be retained on E-Reserve while permission is being sought or until the next academic term in which the material will be used, but in no event for more than three calendar years, including the year in which the materials were last used.
Material that may be placed on reserve -- Multimedia
Audiovisual and other multimedia materials are subject to copyright protection. In the Second Report of the Register of Copyrights (January 1988), it states, "reproduction of music, pictorial and graphic works, motion pictures and most audiovisual works for private study, scholarship, and research is to be governed by fair use under Section 107" of the Copyright Act. Under section 108 (d) and section 108(e) it states that copying of audiovisual materials for use in reserve collections is generally justified under fair use guidelines.
In accordance with copyright guidelines, the following audiovisual materials may be placed on reserve:
Copies of commercially produced A/V materials that were legally purchased by the library.
A faculty member's personal copy of copyrighted A/V material that is a commercially produced recording with accompanying written permission from the copyright owner. Placing "home-made" copies of, or excerpts from commercially produced multimedia material in a reserve collection is a violation of copyright.
Streaming full length video is often not permissible under copyright guideline. If the Library doesn't own the A/V materials requested, it will be purchased subject to review by Media Services librarian.
Copies of off-air broadcast recordings (for a period not exceeding 45 days) for use by students in a specific class. All copies of such off-air recordings must include a notice of permission from the copyright holder for the broadcasted program.
Policies for Placing Materials on Reserve:
The Library will make sure that any reserve materials submitted before the deadlines are available for your students on the first day of semester.
Fall semester August 15
Winter Session December 15
Spring semester January 10
Summer Sessions May 10
The normal processing time is two business days. Requests received during the first weeks of a semester will be processed in the order they are received.
· Print reserve lists are limited to 40 titles per course.
· Each request for a particular course is restricted to one article per issue of a periodical and no more than 5 articles from the same periodical title not own by the library.
· All reserve items will be removed at the end of a semester and cannot be placed for more than two consecutive semester until copyright is obtained from the publishers or copyright owners.
· Photocopies of an article or book chapter provided by faculty to be placed on E-Reserves must be clean and legible one sided copies.
· We will place a maximum of 5 copies of a single article or book chapter on reserve.
The responsibilities of faculty at Molloy College in regard to copyright policy:
· All course materials submitted by instructors must support course related teaching, scholarship or research.
· Under the fair use guidelines, the amount copied and used should be reasonable and only be the amount needed to accomplish a specific educational purpose. The reserve services librarian will provide information resources and guidance to faculty members to help them evaluate any limits on the amount of material that they may place on reserve.
· In order to follow the guidelines of fair use, faculty must limit the distribution of course related materials in course packs to single articles or chapters, or several charts, graphs, or illustrations or small portions of performed works including audiovisual works. The general rule is that you cannot distribute copyrighted work without express authorization from the copyright owner.
· More information about copyright and fair use guidelines are available from the library's research guide: Copyright and Fair Use
· Faculty members are responsible for evaluating whether the use of a copyrighted work requires permission or qualifies as fair use. The reserve services librarian will provide information resources and guidance to faculty members to help them in evaluating the qualifications of a specific use as fair use. When permission is required, a faculty member is expected to make any necessary arrangements.
Things to think about before using copyrighted materials:
What counts as fair use for educators?
Fair use does not mean free use. Fair use allows limited use of copyrighted materials for the purposes of teaching and research without getting permission from the copyright holder. It doesn't mean that all educational use is considered fair use.
Please keep in mind that creative commons licenses and public domain repositories of images are not subject to fair use due to the rights they carry. Although fair use is determined on a case by case basis, ultimate responsibility lies with the user not the library.
What is protected by copyright?
Copyright protects most creative works but to qualify for copyright protection, a work must satisfy two requirements: it must be original, and it must be "fixed in a tangible medium of expression". In order for a work to be "fixed in a tangible medium of expression", it must be recorded using some form of physical medium, whether it is on paper, canvas, or computer disk.
Copyright protects the following list of creative works:
pantomimes and choreographic works
pictorial, graphic, and sculptural works
motion pictures and other audiovisual works
What is not protected by copyright?
Copyright law does not apply to most of the works in the public domain or to works that do not qualify for copyright protection, as stated in the Section 102 of the Copyright Act. These include:
ideas, concepts, discoveries, theories, and hypotheses
procedures, processes, system, methods of operation
scientific principles, theorems, mathematical formulae, laws of nature
facts, information, data, know-how
titles, names, short phrases and slogans, common symbols, lettering, slight variations of typographic ornamentation, design, or listings of ingredients or contents.