University Libraries:
Reserve Service Policies
December 1999

Background A. Purpose of this document B. Policies and guidelines References

Background

The policy for placing and maintaining materials on reserve in the libraries of The Catholic University of America is derived from the fair use provisions of the United States Copyright Act of 1976, the Copyright Guidelines issued by the Office of General Counsel, CUA, and statements, discussions and opinions of a variety of professional organizations. (See list of sources below.)

Section 107 of the Copyright Act expressly permits the making of multiple copies of printed materials for classroom use following fair use guidelines. Library materials are acquired with the understanding that there will be multiple uses of a limited number of copies. Libraries frequently pay premium institutional subscription prices for the privilege of supporting multiple academic users. The university libraries Reserve Service facilitates access to multiple copies for classroom use by students.

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A. Purpose of this document

The purpose of this document is to state specific guidelines and policies to be followed by all parties using the reserve service, paper or electronic, in the university libraries, in order to assure compliance with the Fair Use guidelines. Procedures are stated where necessary to assist in applying the policies.

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B. Policies and Guidelines

1. Materials will be placed on reserve (paper or electronic) at the initiative of faculty solely for the non-commercial, educational use of students.
   
   
2. Either a faculty member or the library will possess legally (i. e., by purchase, license, fair use, etc.) any materials placed on reserve.
   
   
3. Responsibility for assuring legal possession is solely that of the faculty member placing the materials on reserve.
   
   
4. The Reserve Request Form must be signed and dated by the faculty member placing materials on reserve. The signature holds the signatory responsible for compliance with the copyright law regarding any reproduced material submitted to be placed on reserve.
   
   
5. The Copy Center in Mullen will seek copyright permission when requested to do so by the faculty member. Costs for service and royalty fees may vary and must be borne by the faculty member's respective department.
   
   
6. Reserve materials will be limited to a small part of the "required" materials for the course.
   
   
7. Material which will be placed in the Reserve System without obtaining copyright permission include:
   
    • Items from the library collections
    • Exams
    • Lecture notes
    • Student papers
    • Government publications
    • One article from a journal issue for one semester
    • One chapter from a book for one semester
    • One short story, short essay or short poem for one semester
    • One chart, graph, diagram, drawing, cartoon or picture from a book, periodical for one semester.
   
   
8. Copyright Permission must be obtained when:
   
    • material will be used repeatedly by the same instructor for the same course
    • multiple articles from one journal are needed for a particular course
    • multiple chapters from one book are needed for a particular course
    • an out of print book is needed
   
   
9. Copying will not be used to create, replace or substitute for anthologies, compilations, or collective works. Faculty wishing to create readings/course packs should work with the Copy Service in Mullen Library or the University Bookstore.
   
   
10. Copyrighted material will be placed on Reserve without permission for one semester only (one time). Permission from the copyright holder and/or payment of royalties will be required for subsequent use of material by that instructor and course.
    
    
11. A faculty member may place on reserve up to 5 copies of any material needed unless permission from the copyright holder or a license provision dictates otherwise.
    
    
12. Only one paper copy of material available in electronic form will be made available on Reserve.
    
    
13. Works intended to be "consumable", i. e. workbooks, exercises, standardized tests and test booklets, etc. will not be placed on reserve.
    
    
14. Books obtained through interlibrary loans may not be placed on reserve.
    
    
15. Materials will be removed from Reserve at the close of the semester of use.
    
    
16. Copyright notice will appear on a screen in the online reserve system and on copies made of reserve readings to indicate that materials may be covered by copyright law.
    
    
17. Access to materials on electronic reserve (ERES) will be password protected (limited to students in the class only).
    
    
18. The university libraries will not charge students for access to materials on reserve.
    

• See instructions on the submission process: http://libraries.cua.edu/access/resinstr.html
  

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References

United States Copyright Act of 1976
Digital Millennium Copyright Act
Copyright Term Extension Act
Electronic Reserve Public Interest.
Conference on Fair Use (CONFU)
CUA Copyright Policy (http://policies.cua.edu/IntellectualProperty/Copyright.cfm)
CUA Copyright Guidelines (http://counsel.cua.edu/copyright/resources/guidelines/)

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