Langsdale Library, University of Baltimore

LANGSDALE LIBRARY ELECTRONIC RESERVES POLICY

  1. Introduction

    The University of Baltimore Langsdale Library recognizes the importance of making materials available to students as an adjunct to the classroom within the bounds of fair use.   This institution follows the copyright law and expects faculty and staff to comply with this policy.

    The Langsdale Library offers Electronic Reserves through Docutek, (http://www.docutek.com/index.html) and Traditional Hard Copy Reserves at our Circulation/Reserves service counter.

    The copyright law (Title 17, United States Code) www.loc.gov/copyright/title17/ sets strict limits on making copies of copyrighted works. Langsdale Library observes the limits set on copying of materials to be placed on e-reserve. The Library reserves the right to refuse either to accept a copy request that would involve a violation of copyright law or to make available through course reserve materials that might have been duplicated in violation of copyright law.
    1. Who makes decision
      The Electronic Reserves Manager determines whether faculty requests for materials on e-reserves falls within the policy, and has the right to refuse to add copyrighted material. If he/she believes the material is in violation of copyright the instructor will be contacted. It is the responsibility of the library to review reserve material for copyright compliance and to act as an educator of copyright and fair use to instructors when applicable.
    2.   Appeals of decisions
      If the Electronic Reserve Manager has questions about the materials regarding copyright, that individual will contact the faculty member. If copyright concerns cannot be settled at this level, appeals may proceed to the Associate Director for Public Services, the Library Director and ultimately may reach institutional counsel for a decision.
  2. Fair use

    Fair use affects how materials can ethically and lawfully be made available via electronic reserves. Fair Use guidelines are a part of the US Copyright code and allow for limited uses of copyrighted material using the following four measures:
    1. The purpose and character of the use, whether for profit or non- profit/educational;
    2. The nature of the copyrighted work;
    3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole;
    4. The effect of the use upon the potential market for or value of the copyrighted work.
    1. Public domain works
      Works in the public domain do not fall under copyright or fair use and may be used freely. Works in the public domain are works whose copyright has expired or works from the U.S. Government.
    2. Faculty owned works (faculty owns copyright)
      Faculty who own the copyright to a protected work that has been requested for reserve services must provide a letter declaring ownership with the reserve request. Material, such as old exams, lecture notes, syllabi, etc., that were created by the instructor do not require copyright permission.
  3. Types of works accepted for e-reserves
     Materials eligible to be placed on e-reserves must be items or copies of items that have been lawfully obtained.

    Types of works accepted for electronic reserves
    Materials which do not require copyright permission include:
    1. exams, syllabi, and lecture notes of the instructor placing material on electronic reserves
    2. U.S. government publications
    3. a single journal or magazine article used for one semester
    4. a single book chapter used for one semester
    5. material for which the professor or instructor owns copyright.

    Materials which may require copyright permission:
    1. a journal article, magazine article, or book chapter intended for use for more than one semester.

    Complete books or an entire issue of a journal will not be scanned into Electronic Reserves without written permission from the copyright owner. Materials to be copied or scanned for electronic reserves will be in legal possession by the library or the faculty member (by purchase or license). Selected chapters and articles may be digitized and made available to those registered for a course per instructor request.

    Books, videos, and other physical materials obtained through interlibrary loan or borrowed from other campus libraries cannot be placed on reserve. A periodical  article which was obtained through interlibrary loan for a faculty member may be placed on e-reserves. Periodicals article obtained via ILL and for which the library does not own a subscription, will be placed on reserve for one semester. If it is intended that the article will be used during a subsequent semester, permissions must be obtained.

    Due to the artistic, creative element involved, copyright restrictions for audio, video, licensed software, and graphic images are more stringent than restrictions for text based formats. Therefore, this material may not be placed on e-reserve. The library provides the Traditional Hard Copy Reserve service for media reserves and utilizing the Slingbox, access to reserve DVDs via high speed internet on home or office computers.
  4. Requirements
    1. Lead time
      Reserve lists for each semester should be submitted as early as possible. The Reserve Staff prefers to receive requests well in advance of the first class meeting of the semester. Reserves can be added at any time during the semester. Electronic reserve materials are processed on a first-in, first-out basis. Please allow at least two business days for materials to appear on your electronic reserve course page at the beginning of the term. It will generally take much less time. If the entire semester readings are submitted at the beginning of the semester, please prioritize the readings needed for the first three weeks.
    2. Notice of copyright
      Each course and document in the E-Reserve system will contain the following copyright notice, which applies to all protected materials listed for the course:

      The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted materials. Under certain conditions specified in the law, libraries and archives are authorized to furnish a copy or other reproduction. One of these specified conditions is that the copy or reproduction is not to be used for any purpose other than private study, scholarship, or research. If a user makes a request for, or later uses, a copy or reproduction for purposes in excess of fair use that user may be liable for copyright infringement.

      Electronic reserve items that are protected by copyright, regardless of fair use or copyright clearance, must include a copyright notice on the digitized file
    3. Permissions
      When materials requested for reserve exceed what is permitted under fair use, the Langsdale Library will seek to obtain permission for reserve use through the Copyright Clearance Center or directly from the publisher. The Library will assume CCC annual fees and per item service charge for seeking permission. The library will retain documentation relating to permissions and payment of royalties. Faculty members may also seek permissions on their own initiative. All letters of permission, or evidence of fees paid must be submitted and will be retained on file in the Reserve Department. As a service to our faculty, the Library requests copyright permission, and pays up to $50.00 per article for royalty fees invoiced by the copyright holder. The Library will not put on reserve an article that exceeds $50.00 in royalty fees (unless the Faculty member or the Faculty members Department is willing to pay the remaining amount).The faculty member will be notified if permission is denied, or if the fees exceed our maximum limit.

  5. Restrictions

    E-reserve material will be restricted in use to members of the class assigned. Any further transmission or distribution of e-reserve material violates copyright law. The instructor will give out passwords to be used to access the material to prevent viewing by other students.  Passwords will be changed every semester.

    The purpose of electronic reserves is to supplement the course rather than serve as a digital course pack; therefore, the number of items requested for reserve for any one course should not constitute a substantial portion of the overall workload for the course.

    The first use of an item for E-reserve will be considered fair use. Each repeated use of the item for the same course will require acquisition of the material, materials owned by the library will be allowed for repeat use on e-reserves without additional copyright permission being sought. If the library does not own the material and cannot acquire a copy legally, copyright permission from the copyright holder must be pursued.

    Whether licensed works are included in links or other e-reserve formats will be determined by the guidelines of the license and subject to all those terms and conditions. Links to content in our licensed databases may be used in the e-reserves system for an unlimited period of time, with the exception of material published by the Harvard Business School.

    Instructors are responsible for adhering to the Library's Copyright Guidelines. The Library may review all material to ensure it complies with copyright law and library policy, and instructors will be contacted immediately if any copyright concerns are noted.