Copyright & License Compliance Policies
Copyright Compliance Policy
It is the intent of the GeorgeFox 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.
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 and Information Science Director, Copyright Management Center.
License Compliance Policy
Many of the resources made available by George Fox University are licensed from various vendors rather than purchased. These licenses, subject to contract law, define the terms of usage rather than copyright law. It is the intention of George Fox University to comply with the terms of these licenses.
Most of our current licenses allow content to be linked (using persistent links) in password protected systems such as course management systems (FoxTale) or course reserves. Many licenses offer the ability to use the full text of an article, 10% or one chapter of a book, or the embedding of a video in a password protected environment.In many cases, the terms of the license allow greater use than would be allowed by fair use under Copyright Law.
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 considered fair use and will be placed on electronic course reserve.
If an 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.
Copies of Creative works (such as fine art, novels, even including all unpublished manuscripts of any kind) are held to stricter compliance guidelines.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.
Guidelines for consideration for Course Reserves for copyrighted materials:
- In-print titles:
- No more than a single part (chapter), or a maximum of 10% 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.
- 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.
- Journal Articles from print subscriptions:
- 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.
- 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 Course Reserves.
- Library material that is located in Reference will not be considered for Course Reserves.
Guidelines for consideration for Course Reserves for George Fox Libraries 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 portion of the license spreadsheet pertaining to Electronic Course Reserves 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.)
It is usually permissible to use persistent links to link to articles and e-books within a password protected George Fox System like Foxtale. Instructions on locating persistent links within various databases can be found in the Faculty Services section under "Copyright/License Information" and then "Attaching articles to your Foxtale course".
Faculty interested in including digital content within their FoxTale courses or within digital learning objects like E-Pubs (inside a password protected George Fox system) may also wish to access the portion of the license spreadsheet (video tutorial) pertaining to permissions for using content. Contact the IT Educational Technology and Hybrid Learning Programs office or Service Desk for technical assistance and the library for questions related to license permissions for content.