Fair Use for Classrooms & Library Reserves
The ALA Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use states: "At the very least, instructors may make a single copy of any of the following for scholarly research or use in teaching or preparing to teach a class:
At the request of a faculty member, photocopies of articles or chapters of books may be placed on reserve. Under fair use provisions as established by U.S. Copyright law, photocopies of these materials may be made without requiring permission from the copyright owner if the materials are being placed on reserve for the first time. One copy for every 10-15 students is the number recommended in the ALA Model Policy. Faculty must furnish the photocopies to be placed on reserve. In general:
Repetitive copying: The reserve or classroom use of reproduced materials for successive semesters will normally require advance permission from the copyright owner.
Copying for profit: Faculty should not charge students more than the actual cost of photocopying the material.
Consumable works: The duplication of works that are consumed in the classroom, such as standardized tests, exercises, and workbooks, normally requires permission from the copyright owner.
Creation of anthologies: Creation of a collective work or anthology by photocopying a number of copyrighted articles and excerpts to be purchased and used together as the basic text for a course will in most instances require the permission of the copyright owners.
If in doubt as to whether a particular instance of photocopying/duplication is fair use, faculty should consult The Copyright Guidelines for CUNY Libraries to determine whether to seek permission of the copyright holder. Faculty may also visit http://www1.cuny.edu/administration/legal-affairs/copyright-materials/permission.html. At the end of each semester, the photocopied reserve items and personal copies of books will be returned to the faculty.
Effective Fall 2008, to facilitate copyright compliance, Hunter College Libraries offer copyright clearance services for faculty interested in using electronic reserves. As always, note that permission must be sought for all material used repetitively, regardless of the amount.
In the past, faculty members were required to sign a Copyright Compliance Agreement, stating that all material requested for ERes was within fair-use or permission had been sought and costs paid.
Hunter College Faculty using E-Res may now choose from the following options: 1) request that the Hunter College Libraries seek copyright permissions on their behalf, or 2) personally seek clearance for material or establish its eligibility as within “fair-use” parameters. The option must be specified on the new. Copyright Compliance Agreement.
Policy for Copyright Clearance Service
When requested by faculty, the Libraries will seek clearance and pay limited fees associated with copyright, except for the following:
This service is operating on a fixed budget. Funds will be allocated on a first come first serve basis. If faculty opt to participate, it would be advantageous to submit requests in a timely manner.
In certain cases, rightsholders may deny requests or costs may be prohibitive. If the Libraries can not clear material for online use, every effort will be made to make these available to students in some other form.
Please be advised that scanned material in ERes can not be uploaded directly into Blackboard also. However, faculty may link to ERes course pages via Blackboard. See EResinstructions for further instructions.
Information on seeking copyright permission may be found in The Copyright Guidelines for CUNY Libraries.
A Sample Permission Letter for Course Reserves is included:
http://library.hunter.cuny.edu/copyright_libs_reserves.htm#permissionletter
The University of Texas’s website contains good information on copyright permissions:
http://www.utsystem.edu/ogc/intellectualproperty/permissn.htm
For further information on the fair use of copyrighted material see:
http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm
Keep in mind that many scholarly journals allow non-profit educational use without requesting permission. Always check the copyright page of a journal to see whether it contains such a statement before requesting permission.
The Library will provide linking to its subscription databases. Instructors are encouraged to use library licensed online periodicals and other content because they do not require copyright permissions and the paying of royalties. These resources are governed by licensing agreements, not copyright laws, and may, therefore, be used as needed. Always search for an article in the Libraries’ online journals, and include the URL when completing the Reserve Request Form.
Depending on the circumstances, you may prefer the purchase of course packs through a reputable copyshop vendor which provides assurance to you that it obtains all necessary copyright permissions.
In compliance with copyright guidelines, access to e-reserve and hard copy reserve will be terminated at the end of the class term.
Permission from the copyright holder is required if an item is to be reused in a subsequent academic term for the same course offered by the same instructor, or if the item is an assigned reading for an individual course taught in multiple sections by many instructors.
Material may be retained in electronic form while permission is being sought or until the next academic term in which the material might be used, and for which permission has been obtained.
Short-term access to materials included on ERes in previous academic terms may be provided to students who have not completed the course.