arkiug fall 2006 a fair use and a fair guide? mullins library and e-reserves april white, university...
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ARKIUG Fall 2006
A Fair Use and a Fair Guide?
Mullins Library and E-reserves
April White, University of Arkansas Fayetteville
ARKIUG Fall 2006
The Trend Towards Electronic Reserves
RESERVES CIRCULATIONS 2003-04 2004-05 2005-06
DIGITAL 0 21,172 24,609
HARD COPY 12,943 5,402 4,140
RESERVES TOTAL 12,943 26,574 28,749
ARKIUG Fall 2006
Our Responsibility
To monitor materials placed on electronic course reserves and ensure that their use is fair use as we understand it.
ARKIUG Fall 2006
Fair Use
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 work3. 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
ARKIUG Fall 2006
General Guidelines
The Libraries will place materials on reserve only for noncommercial, educational use.
Fair use 1: purpose and character
ARKIUG Fall 2006
Only a small portion of any copyrighted work (i.e. a chapter of a book, one article from an issue of a journal) may be accepted for electronic reserves without obtaining copyright permission. Materials that the library deems to exceed these limits will not be placed on reserve until written permission has been obtained from the copyright holder.
Fair Use 3: amount and
substantiality
ARKIUG Fall 2006
Each reserve item will include acopyright notice on the first page toinform the users that the work may beprotected by copyright law. All reservematerials must include appropriatecitations and attributions to the sourcefrom which they were reproduced.
Fair Use: purpose and character
ARKIUG Fall 2006
Patrons may use reserve material for private study, personal reading, research, or for completing class assignments. The library will not charge a fee to patrons for using the reserve materials for these purposes.
Fair Use 1 &4: purpose and character & effect on potential market
ARKIUG Fall 2006
Course packets sold at the bookstore to be used as textbooks will not be accepted for electronic reserve purposes unless copyright permission has been secured for each item.
Fair Use 4: effect on potential market
ARKIUG Fall 2006
Access to electronic reserve materials is limited to the instructor(s) and to the students enrolled in the course. A password is created each semester and is distributed to the students through the instructor.
Fair Use 4: effect on potential Market
ARKIUG Fall 2006
All course readings on electronicreserves will be removed from thereserve system at the conclusion of acourse. Faculty may be required toobtain permission from the copyrightholder if the same material is usedsubsequently.
Fair Use 3: amount and substantiality
ARKIUG Fall 2006
The Libraries will not place material onElectronic reserve if it is judged that thepurpose, nature, and the effect of areserve request is beyond the
reasonable limit of fair use.
Fair Use 1, 2, 3, and, 4
ARKIUG Fall 2006
Monitoring for repeated use
Things to check1. Course List2. Hard copy reserve requests3. Email to and from instructors4. Backup of reserve files on C-drive5. Reserve files on library server
ARKIUG Fall 2006
Approach
Evaluate each course list in Millennium by simple alphabet method
Evaluate each electronic file in course list Disregard test files, syllabi and direct links
to our licensed services
ARKIUG Fall 2006
Procedure: Determine length of time file has been accessible First check item record for number of semesters
on reserve Next open file and verify the date of it’s creation Then if more information is needed check the
hard copy of the reserve request If there are still doubts check email
correspondence
ARKIUG Fall 2006
Length of time is determined!
If file has been accessible for classroom use for more than eight semesters check item record note field “n”
ARKIUG Fall 2006
Examples of “n” field notes
Library owned: library owns a copy of the original source
Book on order: library will own a copy of the original source
1st semester: a copyrighted work can be used for one semester without permission
ARKIUG Fall 2006
More “n” field notes
Out of print: a copy is unavailable or only available for an unreasonable price
Open: the is no copyright on the material Permission granted: have letter of
permission on file Ebsco or Proquest etc.: only licensed
services that have copyright built into them
ARKIUG Fall 2006
Out of the realm?
If I discover the file to be out of the realm of fair use, I will notify the instructor.
ARKIUG Fall 2006
Reserve File Clean-up
Check reserve files and evaluate any files that are over two years old
DMCA gives three years for factual materials and two years for creative materials
Remove any files not on reserve from library server
Delete those files that are “out of the realm”
ARKIUG Fall 2006
Additional practices to keep current with copyright issues and fair use
Use CNET news alerts On the mailing list for news from Ball State
copyright center Visit other university online library sites Attend workshops and conferences about
copyright Scan other news sources for copyright news Discuss copyright with colleagues
ARKIUG Fall 2006
Review of Mullins Library “Fair Guide”
1. A policy in place and easily accessible
2. Copyright notices on all efiles download is for personal academic
use only citation of the original item is copyrighted source
3. No evidence of extended repeated use (clean out e-reserve files regularly)
ARKIUG Fall 2006
“Fair Guide” continued….
4. Limiting access to currently enrolled students (authenticate with last name, student ID number, and course password)
5. Ensuring material on reserve is supplemental or permission has been granted
6. Demonstrate we have the intention of obeying the copyright law as we understand it