Copyright

Copyright Restrictions - (Including Chapters and Anthologies)

The ASU Library, in consultation with the University General Counsel, has adopted the following interpretation of the copyright laws as they relate to Coures Reserve materials. We reserve the right to refuse to accept photocopies or media items if, in our judgment, they are in violation of Copyright Law.

The instructor placing items on Course Reserve is responsible for ensuring that the material fulfills their pedagogical purpose. In addition, material required more than one semester must be reviewed by the instructor each new semester and determined to be the most appropriate, relevant and still timely for the course.

While there are no hard and fast rules for what constitutes a fair use of a work, generally speaking, using limited excerpts of a work as described below do not require copyright permissions. If your need exceeds these amounts, we will ask you to complete a fair use checklist.

Type of Work Amount used
Single or Co-Authored Book 1 Chapter or 10%
Collected essays, book 1 Chapter or 10%
Print Journal 1 article at a time; On-off dates required

For additional copyright information, refer to the U.S. Copyright Office or ASU Library's Copyright Guide.

ASU Library's Policy for Course Reserve Access to Published Copyrighted Materials

The ASU Library Policy for Course Reserve services is derived from the fair use provisions of United States Copyright Act of 1976. Section 107 of the Copyright Act expressly states that using a copyrighted work "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, is not an infringement of copyright." When carefully considered, using works for these purpose may not require the payment of a royalty or the permission of the copyright owners, provided that the use as a whole is carefully considered using all four factors of fair use:

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--

  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 work;
  3. 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.

All four factors must be considered in order to determine whether a use is fair, no one factor is determinative.

The collections of the ASU Library are purchased and/or licensed by the university for the nonprofit educational use of students and faculty. All library materials are acquired with the understanding that there will be multiple uses of a limited number of copies by the ASU community. Libraries frequently pay a premium institutional subscription price for journals, which is many times the individual subscription price, for the privilege of supporting multiple academic users. Considered within this context, Course Reserve services can be developed by the ASU Library in a manner that conforms with the plain language of the fair use provisions of the copyright law.

General Procedures

  • All use of materials placed on Course Reserve will be at the initiative of instructors solely for the non-commercial, educational usage of students.
  • Copyright notice will appear in the online Reserve system where applicable to indicate that materials may be covered by copyright law.
  • Materials on Course Reserve will be accessed only by the instructor and students currently enrolled in the course.
  • Instructors will follow the principles of Fair Use when placing materials on reserve, including submitting a fair use checklist when required. The Library will provide guidance and encourage compliance with applicable policy.

Digitizing and distributing copyright-protected works for online educational purposes are unsettled areas of the law which may be addressed by the Supreme Court or in future revisions of copyright law. The ASU Library will continually monitor legal developments which may affect the fair use analysis of Course Reserve services to ensure that library services are in compliance with the letter and spirit of the United States Copyright Law.