Copyright Compliance for Reserves - George Fox University

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George Fox University Libraries Copyright Compliance Policy

It is the intent of the George Fox University libraries to comply with the copyright law (Title 17, U.S. Code). In order to place duplicated materials on reserve in the library, either copyright permission must be gained from the holder of the copyright or the materials must comply with the Fair Use provision of federal copyright law. The following are guidelines that must be met to be in compliance with the law. The library staff will consult with the faculty member and/or seek copyright permission from the copyright holder to place any materials on reserve which do not meet Fair Use criteria.

Copyright law pertains to all published and unpublished materials, regardless of format. First-time use of material that meets the four-factor fair use test in the Copyright Act (see below) will be considered fair use and will be placed on reserve. Permission will be sought from the copyright holder for those materials which do not comply with fair use.

Fair Use and the Library, section 107 of Title 17 of US Code: In determining whether the use made of a work in any particular case is a fair use the factors to be considered include:

The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit education purposes.
The nature of the copyrighted work.
The amount and substantiality of the portion used in relationship to the work as a whole.
The effect of the use on the potential market of the work.

"While fair use is intended to apply to teaching, research, and other such activities, a crucial point is that educational purposes alone does not make a use fair." -Kenneth D. Crews, Prof. of Law and Library and Information Science Director, Copyright Management Center.

George Fox University Libraries Course Reserves Copyright Guidelines for Faculty

Complete bibliographic information must be included with your request.
Repetitive use of copyrighted materials requires permission from the holder of the copyright: Professors are advised that each instance of use contributes to the collective use of an item. For example, two professors placing the same article on reserve counts as two usages, not one. Permission to use this article may be required even though it may be the first and only time you intend to use it. Permission will be sought by the library from the holder of the copyright.
First-time use of material that meets the four-factor fair use test in the Copyright Act (Section 107, Title 17, U.S. Code) will be considered fair use and will be placed on reserve.
If item does not meet fair use the George Fox University libraries will seek permission from the legal holder of the copyright for copyrighted materials for which permission must be obtained.
First-time Use: The following guidelines refer to first-time use.
1. In-print titles:
  - No more than a single part (chapter), or a maximum of 5% of the work, whichever is smaller, will be duplicated for reserves. Percentages are based upon the total number of pages in the volume.
  - Requested in-print titles, which are not owned by George Fox University Libraries, will be considered for purchase.
2. Out of Print titles:
  - No more than 10% of an out-of-print book can be accepted for reserves. Percentages are based upon the total number of pages in the volume.
3. Journal Articles:
  - A maximum of two articles per semester/term from any single journal issue which is owned by George Fox University Libraries can be accepted for reserves.
  - A maximum of one article per semester/term from any single journal issue which is not owned by George Fox University Libraries can be accepted for reserves.
In lieu of digitizing print resources for reserves, the Library will link to full-text articles found in databases licensed by GFU Libraries (e.g. EBSCOhost, ProQuest Education, etc.)
Multiple photocopied chapters or articles may not be bound together in any way as this would be considered an anthology. Creating anthologies of copyrighted materials is an infringement of copyright law.
Consumable works: Photocopied or scanned materials from consumable works (such as, workbooks and standardized tests) will not be placed on reserve.
Copies of Creative works (such as fine art, novels, even including all unpublished manuscripts of any kind) are held to stricter compliance guidelines. Use of such materials will be determined on a case-by-case basis. 20June 2005

For further information: