Library Reserves Copyright Policies
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:
If in doubt as to whether a particular instance of photocopying is fair use in the reserve room, faculty should consult The Copyright Guidelines for CUNY Libraries to determine whether to seek permission of the copyright holder. At the end of each semester, the photocopied reserve items and personal copies of books will be returned to the faculty.
Course Reserves: Excerpt from CUNY Guidelines
(Last revised 5/19/03)
The collections of the City University of New York libraries are purchased for the nonprofit educational use of students, faculty and staff. All library materials are acquired with the understanding that there will be multiple uses of a limited number of copies. Libraries frequently pay a premium institutional subscription price per journal title, which is many times the individual subscription price, for the privilege of supporting multiple academic users. The purpose of course reserves is to facilitate access to materials in support of teaching, learning, and research.
Faculty may submit materials for course reserves that conform to the fair use provisions of the Copyright Act. See Part II - Fair Use and the Library Exemption. Each CUNY library has the right not to accept materials if it judges that the nature, scope or extent of the material is beyond the reasonable limits of fair use, and will not knowingly accept materials that violate copyright law. Whether or not a use of materials for course reserves is a fair use depends on a variety of factors, including the nature of the materials placed on reserve and the length of time that materials are kept on reserve.
Where materials do not fall within fair use, they may still be placed on reserve provided permission is being sought from the copyright holder. If the faculty member has not already secured permission, the CUNY libraries will work to a reasonable extent to obtain copyright permission, insure that any reasonable publishers’ fees are paid and post appropriate copyright notices. Seeking and obtaining copyright permissions may entail significant costs in fees and staff time. These costs may be covered by the faculty, library and/or or other academic departments. Each CUNY library has the right to limit the number of items on reserve for a given course based on copyright constraints, staff resources, royalty costs, etc.
The electronic copying and scanning of copyright-protected works for course reserves are unsettled areas of the law which may be addressed by the Supreme Court or in future revisions of the copyright law. The libraries of City University of New York will monitor legal developments - which may affect the fair use analysis of electronic course reserves - to ensure that the library services are in compliance with the letter and spirit of U.S. copyright law. The CUNY libraries will monitor the evolving digital copyright policies and guidelines and will modify this policy as necessary.
|1.||Copyrighted materials placed on course reserves are for non-commercial educational use only. Access to electronic course reserves must be restricted to students enrolled in the course through passwords or other authentication methods. |
|2.||All reserve copies must include any copyright notice (e.g., copyright © 2003 West Publishing) from the original, and appropriate citations or attributions to the source. |
|3.||If there is no notice on the work, the library must add a legend stating that the work may be protected by copyright (e.g., “NOTICE: This material may be protected by copyright; further reproduction and distribution in violation of U.S. copyright law is prohibited.”). |
|4.||Electronic course reserves must include the copyright notice or legend at the course level. A more strongly worded warning may be appropriate: |
|5.||Materials found not in compliance with copyright law, or for which copyright permission has been denied, will be removed from course reserves and the instructor will be notified. |
|6.||All materials - including a chart, map, graph, diagram, drawing, cartoon or picture from a book, periodical, newspaper, CD, DVD or web site - must be submitted with full citation information, which is needed in obtaining copyright permission. (See Part XII - Citation Guidelines). |
|7.||Where a faculty member has already received copyright clearance, evidence of the permission must be submitted. |
|8.||Course reserves should not include any material unless the instructor, the library or another unit of the college possesses a lawfully obtained copy. |
|9.||There will be no charge for viewing reserve materials, although printing charges may apply. |
|10.||See also Part VIII - Multimedia. |
Some materials may be put on reserve for a single semester without permission from the copyright holder, or, they may be put on reserve for more than one semester if permission from the copyright holder is requested. These are:
These materials require permission from the copyright holder for each semester they are placed on reserve:
[Letterhead stationery or return address]
[Name & address of addressee]
Re: copyright permission request
[If you called first, begin your letter: This letter will confirm our recent telephone conversation.] I am [describe your position] at [name of institution] of the City University of New York. I would like your permission to [
_____ Place the cited material in our library's Electronic Course Reserves System in digital image format.* The class size is _______ . I anticipate that copies will be placed on reserve for ___ semesters.
_____ Place cited material in the library's print course Reserves collection. The class size is ________ students. I anticipate that copies will be placed on reserve for ____ semesters.
[Insert full citation to the original work - see Part X for examples]
Please indicate your approval of this permission by signing the letter where indicated below and returning it to me by fax as soon as possible. Your signing of this letter will also confirm that you are the sole owner [or your company is the sole owner] of the copyright in the above described material.
Thank you very much.
PERMISSION GRANTED FOR THE USE REQUESTED ABOVE:
* Authorization is required for access. Materials are delivered free of charge. The material will be used for not-for-profit, educational purposes only. A copyright compliance statement appears prominently in the system.