Copyright

Jacobs Library Course Reserves Policy

Jacobs Library course reserves provide access to instructional materials that are required for specific courses. Materials are made available upon instructor request. 

Policies and Guidelines 

Copyright and Course Reserves 

This policy has been prepared by library staff to provide faculty and campus staff with basic information about copyright compliance regarding the use of copies for physical and electronic reserves. Our policy ensures that copies made and/or placed on reserve are allowable by law: through fair use provisions, licensing agreements or the permission of the copyright holder. 

General Policy 

• Electronic reserves service is an extension of traditional print-based library services and will be provided in a manner that respects Fair Use rights, the rights of copyright holders, and current copyright law. 

• All materials will be placed on reserve at the request of faculty only for the noncommercial, educational use of students. 

• All materials placed on reserve will be reproduced from copies lawfully obtained by either the requesting faculty member or the Libraries. 

• Only limited amounts of a copyright-protected work may be reproduced as e-reserves (see Specific Guidelines below). 

• Students will not be charged for access to Course Reserves materials. The charge for photocopies made by students will be limited to the cost of reproduction. 

• All e-reserve files produced by Course Reserves staff will include a complete citation and notice of copyright on the first page, indicating that they may be subject to copyright restrictions. 

• Authentication will be required for access to e-reserve files. Readings will be accessible only by course number, instructor name, and course name via the Resources & Readings tab in Blackboard. 

• Links to licensed full-text electronic resources will be used in lieu of reproducing copyright-protected material whenever possible. 

Specific Guidelines 

The copyright policy governing Course Reserves at Illinois Valley Community College’s Jacobs Library is based on the United States Copyright Act of 1976. 17 USC § 107 establishes the principle, commonly called "fair use," that the reproduction of copyright works for certain limited, educational purposes, does not constitute copyright infringement. Specifically, any reproduction — either photocopied or electronic — of copyrighted material that is placed on reserve will conform to the following: 

• Materials placed on reserve will be made available for students and faculty only while the requesting instructor is actually teaching the course, and will be removed after the course is no longer in session. 

• Book selections placed on electronic reserve from works under copyright will not exceed 15% of the total pages in the source. 

• Journal articles placed on electronic reserve from works under copyright will not exceed two articles from any issue of the publication. 

• The above limitations are cumulative over the course of the semester. 

Fair Use

There are four factors in determining fair use: 

1. Purpose: The purpose and character of the use, including whether such use is of a commercial nature, or is for nonprofit education purposes. 

• Jacobs Library has implemented our e-reserve system in support of non-profit education. 
• Placement of materials on electronic reserve is at the initiative of faculty solely for non-commercial, educational purposes. 

1. Nature: The nature of the copyrighted work. 

• The e-reserve system includes multiple formats, both factual and creative. Jacobs Library takes the character of the materials into consideration in the overall assessment. 

3. Amount: The amount and substantiality of the portion used in relation to the copyrighted work as a whole. 

• Jacobs Library considers the relationship of the amount used to the whole of the copyright owner’s work. 

4. Effect: The effect of the use upon the potential market for, or value of, the copyrighted work. 

• Materials on electronic reserve are limited to the users of the ivcc.edu domain. Other measures may be introduced to assure that only authorized users have access to the reserve materials for that course. 
• Whenever possible, if the Library does not already own or have licensed access to the material, it will purchase materials at a reasonable price to be copied or scanned for electronic reserves. 

The Library follows the principles of Fair Use of copyrighted materials when placing materials on reserve, including the re-use of articles or book chapters from the library’s collections or the use of materials obtained elsewhere. When in doubt about the applicability of the Fair Use standard, the Library will seek permission from the copyright holder. Materials will be placed on reserve pending the receipt of permission. 

Note: The electronic provision of copyright-protected works for library reserve service and distance learning are unsettled areas of the law which may be addressed by judicial decisions and/or legislation. The University Libraries will continually monitor legal developments that may affect the Fair Use analysis of e-reserves to ensure that library services are in compliance with the letter and spirit of the U.S. copyright law. 

Use of Unpublished Works 

To protect both students and faculty from unintentional misuse of unpublished materials, we require written permission for any request to place unpublished materials that are not the intellectual property of the instructor on reserve. Such materials include: 

• Any papers, projects or exams submitted by students while enrolled in a course. 

• Any unpublished materials, prepublication drafts, etc. not created by the instructor 

Note: we do not require written permission for materials such as class notes, sample exams, etc. for which the requesting instructor is the author. For these materials, the instructor's request to place the material on reserve will constitute implicit permission. 

To find out more information about copyright and fair use, please see Jacobs’ Copyright Guide.