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Introduction to Copyright


Introduction

The following information is taken from various copyright resources used to establish our copyright policies at the University of Kentucky Libraries.


Copyright and Fair Use

Some of the copyrighted material included in Course Reserve may be covered by the fair use provisions of the U.S. Copyright Act (Section 107). In determining fair use, there are four factors that must be considered:

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

4) The Effect of the use upon the potential market for or value of the copyrighted work.


The American Library Association published a Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use, which suggests that the following guidelines be followed for Reserves:
 

1) The amount of material should be reasonable in relation to the total amount of material assigned for the course.

2) The number of copies should be reasonable in light of the number of students enrolled.
 
3) The material should contain a notice of copyright.

4) The effect of photocopying the material should not be detrimental to the market for the work.

5) The same material placed on reserve for succeeding semesters must have copyright permission.

6) Copying shall not be used to create or to replace anthologies, compilations or collective works.

7) There shall be no copying of or from works intended to be "consumable." These include workbooks, exercises, standardized test booklets and answer sheets and like consumable materials.

8) Copying shall not substitute for the purchase of books, publisher's reprints or periodicals.

 
UK Library Copyright Guidelines


The guidelines the University of Kentucky follows for placing material on Traditional Paper Reserve as well as items accessed electronically via the Library's Electronic Reserve System are based on the following documents:

1) "U.S. House Report (H.R.) 94-1476, Guidelines on Multiple Copying for Classroom Use." (Local copy available)
 
2) "Model Policy for Classroom, Research and Library Reserve Use," (American Library Association, Information Hotline, November 1982, pp. 27-29.
 
3) "Intellectual Property: An Association of Research Libraries Statement of Principles," (Association of Research Libraries, ARL Newsletter #175, 1994. Available online or in Young Library Bound Periodicals at call no. Z 671 .A89 1991-1995 Supp.).
 
4) "Fair Use Guidelines for Electronic Reserve Systems," prepared by the Conference on Fair Use (CONFU), sponsored by the Information Infrastructure Task Force's Working Group on Intellectual Property Rights (1995). (Local copy available)
 
5) "Reproduction of Copyrighted Materials for Classroom Use: A Briefing Paper for Teaching Faculty and Administrators," (Association of Research Libraries, ARL Newsletter #117, 1983. Available in Young Library Reference at call no. Z 671 .A89).
 
6) Guidelines adapted from: Bielefield, Arlene and Cheeseman, Lawrence. Technology and copyright law : a Guidebook for the library, research, and teaching professions, New York: Neal-Schuman Publishers, 1997. Held by the UK Law Library at call no. KF 3030.1 .B533 1997.
 

Additional information about the copyright law can be found at the following locations:

1) For basic information about copyright laws, please see the U.S. Copyright Office's informative webpages and choose number 1, Copyright Basics.
 
2) For clarification of the Fair Use Guidelines for Classroom Copying, please see the U.S. Copyright Office's Information Circulars and Factsheets and choose number 21, Reproductions of Copyrighted Works by Educators and Librarians. *Please note that information concerning the use of photocopied materials can be found under the heading, Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions With Respect to Books and Periodicals of this document.
 
3) For further clarification of the copyright law, please contact the UNIVERSITY LEGAL COUNSEL AT 257-2936.


Also see the Young Library copyright policies.