EReserves
Cover Page
Form Letter
Copyright
Faculty Services

Electronic Reserves: Copyright Guidelines for University of Arkansas - Fort Smith Faculty

version 2008.1.15a

The following guidelines are based on a summary of EReserve policies followed by many academic institutions possessing comprehensive copyright practices. [credit: www.copyright.com]. Comments have been added.

The Library staff asks that faculty bear in mind that both federal and civil cases could result from violations of copyright law. Even if an entity no longer exists to file civil suit, federal law still applies and could result in penalties.

It is sometimes inconvenient or even impossible to obtain permissions. In such cases, we are limited in what can be done with materials, and must keep within those limits. The difficulty or impossibility is irrelevant in a court of law. The convenience of students is irrelevant, as are any problems with distance education or other educational factors.

Past practices here or elsewhere, or current practices elsewhere, are not necessarily legal precedents. The Library prefers to avoid legal risks based solely on what some other institution may be doing or has done in the past.

The Sole Exceptions to These Guidelines

The sole exceptions to these guidelines are materials in public domain (such as government documents) or materials made available under a Creative Commons or comparable license (which will be clearly stated on the material by the copyright holder). Please discuss such material with the Technical Services Librarian in order to legally link or make it available via EReserves.

How Much Can Be Used

EReserve materials should be limited to small portions -- usually single articles or chapters, or less -- of copyrighted works.
You may put only ONE article or chapter from a journal or book which is on reserve (electronic or physical) (or distribute them in any other manner) UNLESS:

  • you have copyright permission, or
  • we can link to it from our databases (database links are unlimited in number!) or an open website (no fee required)

Audio-visual materials (sound recordings, music, videos) must be linked to the original site, or used in the original form (no whole or part of them may be copied into EReserves without permission). They must have legal copies placed in the Reserve Room IN ADVANCE instead if a copy is kept on any campus server, including the Library server.

You then have until the end of that same semester to obtain permission if you changed the format from the original (photocopied it or put it online in EReserves). Click here for a form letter to send for permission.
Requesting copyright permission is the responsibility of the faculty member putting the material on reserve/online.
If permission is not obtained, the material is permanently removed from the reserves and will not be reserved again until permission is provided, even in a new semester, or for another faculty member.

Ownership - Library or Faculty

EReserves should not be used as a substitute for the purchase of books or subscriptions, or other materials required for educational purposes.
The fact that the item may be out of print or impossible to track for copyright purposes DOES NOT MATTER.
If the physical material is placed in the Reserve Room, the Library or the instructor MUST OWN the ORIGINAL copy and students must make any photocopies DIRECTLY from that original. The original may NOT be borrowed from anywhere else, or obtained via Interlibrary Loan.
Materials may be examined, but not copied, when obtained via ILL.
To put it online, we must have permission. If permission is not obtainable, even if the publisher is out of business, we cannot put it online. (This is the basis for the "orphan works" discussion in copyright now.)

The Library makes a practice of trying to hold any book for which permission is to be obtained. Any publisher can check the Library catalog online to see if the Library even holds the material; they are probably somewhat less likely to grant additional permissions for online access if they have not even sold the Library the original material.

Collections/Coursepaks

In a situation where a coursepack would require copyright permission, EReserves in the same context (instructor, course) would also require copyright permission.
To put something online in Electronic Reserves, we need permission. To assemble a coursepak/binder/file of materials, permission is required for each individual item in the collection.

Collections of materials are subject to the same rules as everything else. Each item in a file/binder must be accounted for, even if it is only one page, according to the standards above.

Books of collected materials which say something such as "Reprinted by permission" received copyright permission ONLY for the publication of the book. That does not extend to any other use. Permission must be obtained for Library use of the materials here.

Textbooks

The Boreham Library does not carry copies of textbooks currently assigned on campus. Textbooks may not be placed, in any part, in EReserves (even if shipments to the Campus Store are late), UNLESS written permission is obtained from the copyright holder and provided to the Library.
History shows that usually one student checks out the textbook, keeps it all semester, and then returns it for a fine less than the cost of the textbook. This is not fair to the other students or the textbook publisher.

Fair Use in Paper and Electronic Reserves

If the material does not pass the fair use test in paper, it will not pass the fair use test in electronic format.
We MUST have the ORIGINAL material. Students may NOT photocopy a photocopy (UNLESS the Library has the original print archived). We cannot create electronic reserves solely from a photocopy; the original must be used in paper instead until permission is obtained.

Changing Format from Paper to Electronic Reserves

When switching from paper use to electronic use permission must be obtained for the material in the new format.
However, if an article is already available through our online databases, we can link to it instead, without additional permission.

Password Protection for EReserves

EReserves should be accessible (by password or other control) only by the students in a class, faculty and staff associated with the class, and the administrator or IT person responsible for maintaining EReserves.
We state in the permission letter that our system only allows currently registered students and faculty to access our EReserves.
In the event that the copyright owner insists on further restriction to only one class, a course password can be set for a given course (covering all the items under that course), and the password given to the instructor.
This means that ALL the materials for that course will require the password; individual items cannot be passworded alone.

Time Limits on EReserves

EReserves for a particular class should be taken down or made inaccessible at the end of that term of the class.
We try to check our reserves every semester, to keep them current. We can make the same materials available again for the next semester the class is taught, without re-scanning/re-linking, if we are told in advance.

Copyright Notices

Materials on EReserve should contain both the copyright notice from, and a complete citation to, the original material.
The Library MUST have complete citations on EVERY article or other material, so we can establish copyright ownership and be sure we have the proper permissions, or can substitute online links, or can purchase Library copies of the material instead.
Ideally, each item should have a complete citation (in the instructor's preferred style format) so that anyone could trace the origin of the material. This also makes it possible to trace the new location of linked articles if the URL changes.
Materials placed in Electronic Reserves are routinely given cover sheets with a copyright notice included.

Concerning derived materials: materials adapted or derived from copyrighted materials must meet the standards regarding originality in academic publication. Faculty are responsible for meeting standards of adaptation/derivation that avoid plagiarism.

Photocopies and Printouts

Copies of materials placed on EReserve should be made from originals -- either printed materials or authorized copies -- owned by the institution or instructor.

  • Students usually photocopy or print out online materials for EVERYTHING.
    Assume that if it is provided in any format by the Library, students will copy or print it. They do not usually stay in the Library and read materials; they photocopy or print it out and take it away.

  • WHOEVER MAKES THE PHOTOCOPY OR PRINTOUT OWNS ONLY THAT PHOTOCOPY or PRINTOUT but does NOT have the right to make more copies of it, or let anybody else photocopy their photocopy or printout. Under Fair Use, everyone -- including faculty -- must create their own copy or printout.

  • If the instructor has an original (such as a book, conference handout, etc.) for which permission cannot be obtained, the original can be placed in the Reserve Room for students to copy themselves. It cannot be copied by the instructor/Library (except to archive the original), and it cannot be put in Electronic Reserves online.

  • Materials may be entered into online Electronic Reserves from the ORIGINAL material only, unless we have permission. We may make photocopies only for the convenience of digitizing material, unless we have permission.
    Also, the quality degrades with each photocopy of a photocopy, so EReserves will be easier to read and print if the original is available.

  • "Reprinted with permission" materials must be the ORIGINAL reprint copy direct from the publisher, and not a photocopy or part of a collection (unless permission is obtained for faculty for THIS copy).

Suggestion to save students (and the University) some money:
Once the faculty member has all the proper permissions for a large group of materials or self-assembled coursepak, it may actually be more cost-effective for the University and the students to have Duplication assemble and bind a booklet to be sold in the bookstore.
Due to the cost of copier and printer toner, the University may actually spend less on having such a booklet printed, while it could cost the students less than paying for printing and/or copying, and provide a better quality reproduction as well (to facilitate ADA compliance).

Videorecordings

Only videos which have been purchased can be used.

Faculty may not record videos themselves for use in class or Library reserves without written permission from the copyright owner. This is a heavily disputed area of copyright law, and at this time the Library prefers to be cautious. The provisions of Fair Use for videorecordings allow one use for one class, using the recording within 10 days of recording it, and erasing the recording after 45 days whether it was used or not -- essentially, acting as a one-use time-delay. This is not, however, a set of time limits that the Library is able to keep up with, and faculty have not yet found these limitations to be practical for actual use here.

The law regarding the recording of VHS videocassettes or DVDs applies ONLY to PERSONAL use, not classroom or other use. Faculty may not use materials on campus which have been recorded from PBS (public television), cable or satellite subscription services, or broadcast media, without specific written permission from the copyright owner.
As soon as the recorded item is removed from the place where it was received, it is no longer a "time-delayed" video (recorded for viewing at a later time), it is considered a stolen video being used to avoid purchasing a legal copy.
Some exceptions exist for certain video services, but documentation must be provided for such exceptions before videos can be used, and specific limitations must be clearly stated.

Please note: Public television (PBS) stations do not necessarily own copyright to all programs they air. In some cases, they can only sell them for a limited time. Assume all public television programs are subject to the usual copyright laws and procedures until written permission is obtained.

At one time, the University (then College) paid for the right to record videos. This service ended years ago, but those videos were purchased under special licensing programs.

Performances and Sound Recordings

Performances (live, broadcast, or provided over a subscription service such as satellite radio) are still the property of the copyright owner, and subject to the same limitations as videorecordings. Recordings must be purchased unless written permission is obtained.

Live performances often state in the printed program that recording devices are forbidden. "Bootleg" recordings of performances or transmissions are not legal for use in class.

Materials Created by Faculty

Materials created by the faculty of UA Fort Smith may be accepted, provided that a proper copyright statement is given: (c)Mary Smith, 2004. This establishes a claim for the material by the faculty member.

Materials ADAPTED by faculty from other material must be able to meet the standards of originality which would avoid charges of plagiarism during, for example, a federal court or a doctoral thesis defense. That is why claiming personal copyright puts the legal burden of copyright claim on the instructor.

If anyone has a question or a situation not covered here, please contact the Library at 788-7200 or by email.

More Links Relevant to Copyright

U.S. Copyright Office links

Technology, Education, and Copyright Harmonization (TEACH) Act

The TEACH Act was created in 2002 to clarify fair education use of materials.

TEACH Toolkit

The Campus Guide to Copyright Compliance describes the TEACH rules as follows (local notes are in italics.)

In exchange for unprecedented access to copyright-protected material for distance education, TEACH requires that the academic institution meet specific requirements for copyright compliance and education. For the full list of requirements, refer to the TEACH Act at www.copyright.gov/legislation/archive/ .

In order for the use of copyrighted materials in distance education to qualify for the TEACH exemptions, the following criteria must be met:

  • The institution must be an accredited, non-profit educational institution.
  • The use must be part of mediated instructional activities.
  • The use must be limited to a specific number of students enrolled in a specific class.

    • It is possible to do this with the Boreham Library's system by passwording EVERY item on reserve for a class and giving the password ONLY to students enrolled in that specific class.

  • The use must either be for 'live' or asynchronous class sessions.
  • The use must not include the transmission of textbook materials, materials "typically purchased or acquired by students," or works developed specifically for online uses.

    • It is not legal to put a copy of the textbook online without publisher permission, even if shipments are running late.

  • Only "reasonable and limited portions," such as might be performed or displayed during a typical live classroom session, may be used.

    • This is one chapter or one article from each individual source (one chapter from any given book, for example).

  • The institution must have developed and publicized its copyright policies, specifically informing students that course content may be covered by copyright, and include a notice of copyright on the online materials.
  • The institution must implement some technological measures to ensure compliance with these policies, beyond merely assigning a password. Ensuring compliance through technological means may include user and location authentication through Internet Protocol (IP) checking, content timeouts, print-disabling, cut & paste disabling, etc.

    • Students using EReserves also must first identify themselves using their i.d. number.

What TEACH Does Not Allow

The new exemptions under TEACH specifically do not extend to:

  • Electronic reserves, coursepacks (electronic or paper) or interlibrary loan (ILL).

    • Permission MUST be obtained from copyright owners to place materials on EReserves.

  • Commercial document delivery.
  • Textbooks or other digital content provided under license from the author, publisher, aggregator or other entity.
  • Conversion of materials from analog to digital formats, except when the converted material is used solely for authorized transmissions and when a digital version of a work is unavailable or protected by technological measures.

It is also important to note that TEACH does not supersede fair use or existing digital license agreements.

And last but not least in copyright, try Bound By Law covering copyright issues and public domain in a graphic novel format.

Plagiarism Links

Students need to learn to:

  • distinguish between what use of materials needs some form of attribution and what does not.

  • how to attribute materials in the text (including how to set off quotations), how to footnote materials, and how to create a bibliography, and understand when each is most appropriate.

  • how to paraphrase information.