It is the responsibility of the faculty member placing material on reserve at the library to abide by copyright guidelines. This can be accomplished in two ways:

• determine that the copied material meets the tests of brevity, spontaneity, and cumulative effect and other fair use provisions as defined in the guidelines to follow

  OR

• obtain permission from the copyright owner, which can be produced upon request

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  Copyright Law - Fair use (Section 107 of the U.S. Copyright Law)

  Fair use allows, in limited situations, the use of copyrighted works without obtaining the owner's permission. Fair use includes the use of reproduced portions of copyrighted works.

  Fair use may be determined by considering the following three guidelines:

  Brevity - limitations are based on the type of work, for example:

• Complete articles, stories or essays: the copy must be less than approximately 2500 words

• Other prose work: the excerpted copy can be no longer than 1000 words or ten percent, which ever is shorter.

• Illustrations (charts, diagrams, cartoons, pictures, etc.): one per book or periodical issue may be photocopied.

• Poems: shorter poems must be less than 250 words and printed on not more than two pages. Excerpts from longer poems cannot exceed 250 words.

Spontaneity
Photocopying is done as the result of a spontaneous decision of an individual, and the decision to use the work and its moment of use are so close in time that a timely request for permission would be unreasonable.

Cumulative Effect
The photocopying is for only one course. There must be no intention to anthologize the reproduced works and no more than one poem/article/essay, etc. or two excerpts per author may be reproduced. Also, not more than three works or excerpts may be copied from one collective work during one semester. No more than nine such instances of multiple copying per course per semester are allowed. (N.E.A., 1977)

All photocopied items placed on reserve must have the complete bibliographic information noted on the first page, or be accompanied by a photocopy of the title page.

The library reserve staff will make sure that all photocopied materials are accompanied by the following statement: "Notice: this material may be protected by copyright law (Title 17, U.S. Code)".

In addition to the above, please note the following considerations:

• The same instructor cannot copy the same item from semester to semester without obtaining formal permission from the copyright holder.
• "Unauthorized copying may not be used to create, replace or substitute for anthologies, compilations or collective works, whether or not such unauthorized copies are collected and bound together or are provided separately.
• Unauthorized copies may not be made of "consumable" works, including workbooks; exercises; standardized tests; test booklets and answer sheets; and the like.
• Unauthorized copying may not substitute for the purchase of books, publisher's reprints or periodicals.
• Unauthorized copying may not be directed by higher authority, such as a dean or chairman of the department.
• No charge shall be made to the student beyond the actual cost of the photocopying." (N.A.C.S., 1989)

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Sources for the above information is from:

• Libraries & Copyright Law , by Arlene Bielefield and Lawrence Cheeseman, Neal-Schuman Publishers, Inc., 1993.
• The New Copyright Law: Questions Teachers and Librarians Ask, by the National Education Association, 1977.
• Questions and Answers on Copyright for the Campus Community , by the National Association of College Stores, 1989.

If you have any questions concerning Penfield Library's reserve policies, please contact the Reserve Clerk or the Head of Circulation at 312-2560.

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More detailed information is available at...

Stanford University Libraries site Copyright & Fair Use , http://fairuse.stanford.edu/