Who is responsible for obtaining copyright permission?
Faculty are responsible for obtaining copyright permission for items they request to place on reserve
Will the library provide interpretation of the copyright laws?
No we are not lawyers and so we cannot provide an interpretation for another person.
What is Fair Use?
Fair Use is a concept embedded in U.S. law that recognizes that certain uses of copyright-protected works do not require permission from the copyright holder.
Electronic Reserves follows the four factors of Fair Use:
What may be placed on course reserve without a written copyright permission for one semester ONLY?
Kastenmeier Guidelines for Off-Air Taping for Educational Purposes
What may NOT be digitized for course reserve without copyright permission? (Possible exceptions: materials that are out-of-print, difficult to locate, or not owned by library)
Examples of that materials are okay to use under the fair use doctrine including TEACH Act?
The TEACH Act authorizes us to digitize works for use in digital distance education, but only to the extent we are authorized to use those works in Section 110(2), and so long as they are not available digitally in a format free from technological protection.
Reserve materials not in compliance with copyright law will be removed from the reserve System
Under the guidelines established by the American Library Association’s Code of Ethics, Hamilton Library faculty and staff do not provide interpretations of copyright laws. This website is not a substitute for expert legal advice.
In accepting reproductions for reserve, the library assumes that the copy or copies have been made in compliance with fair use provisions.
The library assumes all submitted material is copyright compliant and reserves the right to not accept material that, in its judgment, violates copyright.
This guide should not be construed as a substitute for legal advice, nor is this resource comprehensive on the subject of copyright.
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