Copyright & License Compliance Policies
- Copyright Compliance Policy
- License Compliance
- Course Reserves Guidelines
- Guidelines for Sharing Materials in FoxTale
Copyright Compliance Policy
George Fox University libraries strive to comply with all aspects of copyright law (Title 17, U.S.Code).
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
Scope: Copyright law pertains to all published and unpublished materials, regardless of format. Material meeting the four-factor fair use test in the Copyright Act (below) will be considered fair use and will be placed on reserve. Permission will be sought from the copyright holder for materials to be placed on reserve which do not comply with fair use.
Fair Use and the Library, section 107 of Title 17 of US Code
Factors to be considered in determining whether the use made of a work in any particular case is a fair use:
- Purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit education purposes
- Nature of the copyrighted work
- Amount and substantiality of the portion used in relationship to the work as a whole
- 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 do not make a use fair."
—Kenneth D. Crews, Prof. of Law and Library & Information Science Director, Copyright Management Center.
License Compliance Policy
Most licenses allow content to be linked in password-protected systems, such as FoxTale. In many cases, the terms of the license allow greater freedom than fair use under Copyright Law. For instructions on how to create links to library-licensed resources, see below.
Course Reserves Guidelines for Faculty
Copyrighted material that meets the four-factor fair use test in the Copyright Act (Section 107, Title 17, U.S. Code) will be placed on course reserve (applies to physical copies at instructor’s request)
If an item does not meet fair use, the library will seek permission from the legal holder of the copyright for reserve items.
Copies of creative works (fine art, novels, unpublished manuscripts, etc.) are held to stricter compliance guidelines. Use of such materials will be determined on a case-by-case basis.
Guidelines for Copyrighted Materials
- In-print titles:
- No more than a single chapter, or a maximum of 10% of the work, whichever is smaller, will be duplicated for reserves.
- Titles not owned by George Fox University Libraries will be considered for purchase.
- Out-of-Print titles:
- No more than 10% of a book can be accepted for reserves.
- Journal Articles from print subscriptions:
- A maximum of two articles per semester/term from any single journal issue owned by the library can be accepted for reserves.
- A maximum of one article per semester/term from any single journal issue not owned by the library can be accepted for reserves.
- Outside the scope of consideration:
- 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.
- Additional Considerations:
- Material must be legally purchased or obtained – either library-owned or personal copy is permissible.
- Textbooks and Course packs may be placed on reserves.
- Library material located in Reference will not be considered.
Guidelines for Licensed Materials:
- Licensed Material will be considered for Course Reserves based on the terms of the license.
- Permissions for the use of content are delineated in the license spreadsheet or you may contact a librarian for assistance. (Licenses are negotiated with vendors of databases and not necessarily the individual journal. To identify the database for an individual journal title, please contact a librarian or view the journal title locator tutorial.)
Using Articles & other licensed materials in FoxTale:
It is usually permissible to use persistent links to articles and e-books within password-protected systems such as Foxtale. Attaching articles to your Foxtale course
Faculty wanting to include library-licensed digital content in FoxTale or other systems may wish to review the license spreadsheet.
Using Book Chapters & Excerpts in FoxTale:
Book chapters and excerpts that meet the four-factor fair use test in the Copyright Act (Section 107, Title 17, U.S. Code) are eligible to be placed on physical course reserves at the instructor’s request. However, for broader accessibility, it is recommended that faculty share permanent links to e-books or upload copyright compliant document files into their FoxTale Courses for all students to access a scan of the chapter or excerpt simultaneously.
Instructions: Uploading files in FoxTale
If a book chapter does not meet the four-factor fair use test, faculty must contact Print Services for copyright licensing.
Faculty may ask the library to consider acquiring licenses to required books as e-books as well. However, not all books are available as library-licensed e-books, and traditional textbooks are not eligible for purchase, per the Collection Development Policy.
Technical Questions: IT Service Desk
License/Copyright Questions: Contact a librarian