Copyright Policy for Reserves

Healey Library's current policy is based on the policy adopted at the W.E.B. Dubois Library at the University of Massachusetts Amherst.

These polices were developed using the following guidelines and regulations:

1. 17 USC 107: Fair use limitations on exclusive copyright right holder rights
2. Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals: Published in House Report 94-1476 (Legislative history)
3. American Library Association Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use
4. CONFU (Conference on Fair Use) Fair-Use Guidelines for Electronic Reserve Systems

Reserve materials may include books, journal articles, Audiovisual materials, electronic resources, and other non-book items chosen by the faculty to support class instruction. The print and audiovisual materials are located on the third floor of Healey Library. Access to print reserves requires a valid UMass Boston student ID card with an active library barcode. Students may obtain a library barcode at the Circulation Desk (Healey Library - 2nd Floor). Electronic reserves are available 24 hours a day, 7 days a week to students enrolled in the class via a web browser with a class password.

The purpose of a reserve collection is to:

1. Support the needs of a group of patrons, usually enrolled in a University of Massachusetts class, but may also be a special seminar, or department within the University.
2. Provide timely, convenient, and efficient access to high-demand materials.
    
3. Protect materials that are at a high risk for theft or vandalism.

Principles governing the acquisition of materials for the Library and supporting the use of the material in the course reserve system include:

• All collections in the Library, regardless of format, are acquired by the University for nonprofit educational purposes by students, staff, faculty and authorized users.
• All library materials are acquired with the understanding that there will be multiple uses made of the item.
• The Library frequently pays an institutional subscription price for the privilege of supporting multiple academic users.

Section 107 Fair Use

Library reserve is a traditional library service that is provided in a manner that respects the rights of copyright holders and the limitations to those rights specified in current copyright laws, specifically the fair use provisions of Title 17, Section 107 of the United States Code. The text of Section 107 is:

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—

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.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Reproduction of Copyrighted Materials for Reserves
(Based on 17 USC 107, the Classroom Guidelines, and ALA's Model Policy)

1. Materials will only be placed on reserve at the request of faculty.
2. Course reserve materials are intended solely for non-commercial, educational use.
3. The following use of copyrighted material is permissible according to fair use guidelines:
   • Books the Library owns (print reserve only)
   • Personal copies, e.g. textbooks, coursepacks (print copies, current semester only)
   • One article from any one journal, one periodical, or one newspaper issue, e.g. New York Times, 6/2/1953
   • A copy of only one chapter or not more than 10% from any book or other monograph (conference proceedings; miscellaneous report, unpublished paper etc.)
   • One poem, short story, or essay from a single volume whether or not from a collected work
   • One drawing, cartoon or picture from a book, one journal, one periodical, one journal or one newspaper issue
4. Repeated reserve use of copies not owned by the Library for the same faculty member in the same course in subsequent semesters requires the permission of the copyright owner.
5. The first page on each reserve item will include either the notice of copyright that appears on the copy that is reproduced, or a legend stating that the work may be protected by copyright if no such notice can be found on the copy that is reproduced.
6. At the end of each semester, materials loaned by faculty to the Library for reserve will be returned to the faculty member.

Reproduction of Copyrighted Materials for Electronic Reserves.
(Based on 17 USC 107, ALA's Model Policy and CONFU Fair-Use Guidelines for Electronic Reserve Systems)

1. There will be no charge for access to the electronic reserve service.
2. Copyright notice will appear on screen in the online reserve system and on copies made of reserve readings to indicate that materials may be subject to copyright law.
3. Materials on Ereserve will be accessible only to students enrolled in a course and their respective instructors.
4. Electronic files will be removed from the reserve system at the end of each semester.