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 Reserve materials. This institution reserves the right to refuse to accept photocopies or media items if, in its judgment, they are in violation of Copyright Law.
The faculty member or instructor placing items on Reserve/ E-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 faculty member/instructor each new semester and determined to be the most appropriate, relevant and still timely for the course.
In general, excerpts by type of source below do not require copyright permissions:
|Source of Work||Restrictions|
|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|
|Media Materials||Original, legally acquired materials only. No copies.|
Reserve files may not be used to create, replace, or substitute for anthologies, compilations or “reading packets.” For this reason, each chapter, article, etc. must be listed as a separate file and not linked with others in a “packet” format.
ASU Library's Policy for Electronic Reserve Access to Published Copyrighted Materials
The library policy for Electronic Reserve reading services is derived from the fair use provisions of United States Copyright Act of 1976. Section 107 of the Copyright Act expressly permits the making of multiple copies for classroom use. Such educational copying is one of six examples of uses which do not require the payment of a royalty or the permission of the copyright owners provided that the circumstances of the use are fair as assessed by the four factors in section 107 of the Copyright Act, the text of which is as follows:
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--
- The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
The collections of the ASU Library are purchased 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. 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. The sole purpose of the Electronic Reserve system will be to facilitate the making of multiple copies for classroom use by students. Considered within this context, Electronic 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.
- All use of materials placed on Electronic Reserve will be at the initiative of faculty solely for the non-commercial, educational usage of students.
- Copyright notice will appear in the online Reserve system on copies made of Reserve readings to indicate that materials may be covered by copyright law.
- Materials on Reserve will be accessible only by faculty name or course number.
- Electronic files not in compliance with copyright law will be removed from the Reserve system when they are no longer used for Reserve services.
- The library will follow the principles of Fair Use when placing materials on reserve.
The electronic copying and scanning of copyright-protected works for library reserve service are unsettled areas of the law which may be addressed by the Supreme Court or in future revisions of the copyright law. The ASU Library will continually monitor legal developments which may affect the fair use analysis of Electronic Reserve services to ensure that library services are in compliance with the letter and spirit of the United States Copyright Law.