Placing Materials on Reserve
All materials put on reserve must comply with the regulations set out in the Copyright Law, Title
17, U.S. Code. It is the responsibility of faculty members to acquaint themselves with the copyright law, since, under the law, anyone copying materials is liable for what is copied. The library is responsible for monitoring copyright compliance of Reserves materials and, as such, has outlined the following guidelines for both printed and electronic documents which must be adhered to:
Determining Copyright Protection
For the purposes of this document, copyrighted works include all print, electronic, online, and audiovisual content that is subject to copyright protection. When in doubt, assume a work is under copyright protection and permission is necessary for use. Certain content is not subject to copyright protection including:
• Governments works
• Facts
• Ideas and concepts
• Items in the public domain including works that no longer have copyright due to age, i.e. works before 1923 or 70 years after the author’s death if rights have not been transferred
Fair Use
Fair use is encompassed within Section 107 of Copyright Law that provides criteria of limited use of copyrighted materials for the purposes of teaching, learning, scholarship, criticism, commentary and research.
The four factors that determine fair use or when permission is necessary are as follows:
The Purpose and Character of the Use
• Nonprofit and educational uses are more likely to be considered fair use, especially if the work serves a clearly articulated pedagogical purpose.
• Transformative uses, like parody and news reporting, are important factors that weigh in favor of a finding that the use is fair.
• Commercial uses of the copyrighted work or uses that substitute for the copyrighted work weigh against a finding of fair use.
The Nature of the Copyrighted Work
• The fair use privilege is more extensive for works of information, such as scientific, biographical, or historical works than for artistic and creative works. It is not within fair use if the “heart” of the work is taken without permission.
The Amount and Substantiality of the Work Used
• Fair use is more likely to be found when the user of the copyrighted material takes only the amount necessary for the purpose of the use.
• Using an entire work will often, but not always, weigh against a finding of fair use.
The Effect of Use on the Potential Market for the Copyrighted Work
• If there is a potential for harm to the market for the work, this harm will weigh against a finding of fair use.
• If there is no readily available market for the work, this weighs in favor of fair use.
Before placing materials on reserves or using material in the classroom, instructors should determine if their intended use of that material falls under fair use. Because fair use analysis depends on the particular contexts of the intended use, there are no hard-and-fast rules for which materials, how many pages, or what situations are or are not fair use.
There are many tools designed to help you think through fair use when you are planning a curriculum. http://librarycopyright.net/resources/fairuse/index.php
Reserves
Print Reserves:
Items that may be placed on reserve:
• Books owned by the library or the instructor’s personal copy
• No more than one chapter or 20% of a book
• DVDs or other media owned by the library or the instructor’s personal copy
• No more than two photocopied journal articles from a single issue
• No more than one chart, diagram or picture from a single source
• Materials authored by the instructor
• Student papers, with express written permission from the student (written permission will be added to the materials and can be an email or formal written permission)
• Works in the public domain or under creative commons licensing
Items that may not be placed on reserve:
• Workbooks, course packs or other consumable materials
• Student papers without written permission from the student
• More than two chapters from a book
• More than two articles from a single journal issue
Reuse of materials:
Permission must be sought from the copyright holder when:
• Materials are reused by the same instructor for the same course in a subsequent academic year.
• Materials are considered assigned or optional text for specific courses taught in multiple sections by multiple instructors.
Obtaining Copyright Permission:
The University Librarian or Technical Services Librarian will work with faculty to obtain permission from publishers, distributors and other copyright holders on items. However, it is the responsibility of the faculty member or department to pay for permission fees when they apply.
Questions about copyright, Fair Use or reserves may be addressed to the University Librarian. Reserve Form
The library has an online form to start the reserves process:
https://research.dom.edu/forfaculty/reserves
Quick facts about reserves:
• Requesting Reserves: It can take up to 5 business days for items to be placed on reserve.
• Personal Items: Faculty may place personal items on reserve. Please do not place highly valuable personal items on reserve unless it is necessary. The library cannot accept responsibility for their safekeeping.
• After filling out the Course Reserve Request Form, please bring personal items to the first floor circulation desk.
• Items borrowed from other libraries (I-Share and ILL items) cannot be placed on
Reserve.
• Reserve Item Removal: Items may be renewed for the following semester, please see item #26 on form. Items not renewed for reserve that are owned by the Rebecca Crown Library will be returned to the regular circulation stacks. Personal copies will
be returned to owner 30 days after the end of course.
Library Reserves Access Policy
Course reserves are located on the first floor of the library at the circulation desk. Additional information about course reserves:
• At the first-floor circulation desk, present your Star Card or other photo ID to use print Course Reserves.
• Items are available on a first-come-first-served basis.
• Due to high demand and limited availability, patrons are restricted to borrowing two reserve items at one time.
• Reserves are generally loaned for two hours.
• Extensions of a two-hour loan period can be made for viewing a single DVD or video with a running time greater than 120 minutes (select Media Loan).
• Items may not be used outside of the library.
• Library users who remove reserve material from the library without prior
permission from the instructor and the Circulation Coordinator (or other non-student staff member) will be fined and may have their library accounts blocked until the item is returned.
Materials are put on reserve in the Rebecca Crown Library, at the request of a faculty member, for those Dominican students registered in the faculty member's class. The intention is to set aside particular materials on a restrictive basis for the faculty member's students so that they can be assured continued access to the materials. As soon as the class is over the reserve materials are put back into the regular collections where they can be accessed by anyone unless the copy on reserve is a personal copy.
Reserve materials cannot be borrowed by other libraries or by students from other institutions. This is in accordance with the statement in Section V (D) of the ILLINET Online Library Resources Sharing Code. It is standard reserves policy in libraries that each institutional library provides its own reserve materials for its students.
