ARKIUG Fall 2006 A Fair Use and a Fair Guide? Mullins Library and E-reserves April White, University of Arkansas Fayetteville

ARKIUG Fall 2006 The Trend Towards Electronic Reserves RESERVES CIRCULATIONS DIGITAL021,17224,609 HARD COPY12,9435,4024,140 RESERVES TOTAL12,94326,57428,749

ARKIUG Fall 2006 Our Responsibility To monitor materials placed on electronic course reserves and ensure that their use is fair use as we understand it.

ARKIUG Fall 2006 Fair Use 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational 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; and 4. the effect of the use upon the potential market for or value of the copyrighted work

ARKIUG Fall 2006 Our Copyright Policy link link

ARKIUG Fall 2006 General Guidelines The Libraries will place materials on reserve only for noncommercial, educational use. Fair use 1: purpose and character

ARKIUG Fall 2006 Only a small portion of any copyrighted work (i.e. a chapter of a book, one article from an issue of a journal) may be accepted for electronic reserves without obtaining copyright permission. Materials that the library deems to exceed these limits will not be placed on reserve until written permission has been obtained from the copyright holder. Fair Use 3: amount and substantiality

ARKIUG Fall 2006 Each reserve item will include a copyright notice on the first page to inform the users that the work may be protected by copyright law. All reserve materials must include appropriate citations and attributions to the source from which they were reproduced. Fair Use: purpose and character

ARKIUG Fall 2006 Patrons may use reserve material for private study, personal reading, research, or for completing class assignments. The library will not charge a fee to patrons for using the reserve materials for these purposes. Fair Use 1 &4: purpose and character & effect on potential market

ARKIUG Fall 2006 Course packets sold at the bookstore to be used as textbooks will not be accepted for electronic reserve purposes unless copyright permission has been secured for each item. Fair Use 4: effect on potential market

ARKIUG Fall 2006 Access to electronic reserve materials is limited to the instructor(s) and to the students enrolled in the course. A password is created each semester and is distributed to the students through the instructor. Fair Use 4: effect on potential Market

ARKIUG Fall 2006 All course readings on electronic reserves will be removed from the reserve system at the conclusion of a course. Faculty may be required to obtain permission from the copyright holder if the same material is used subsequently. Fair Use 3: amount and substantiality

ARKIUG Fall 2006 The Libraries will not place material on Electronic reserve if it is judged that the purpose, nature, and the effect of a reserve request is beyond the reasonable limit of fair use. Fair Use 1, 2, 3, and, 4

ARKIUG Fall 2006 Monitoring for repeated use Things to check 1. Course List 2. Hard copy reserve requests 3. to and from instructors 4. Backup of reserve files on C-drive 5. Reserve files on library server

ARKIUG Fall 2006 Approach Evaluate each course list in Millennium by simple alphabet method Evaluate each electronic file in course list Disregard test files, syllabi and direct links to our licensed services

ARKIUG Fall 2006 Procedure: Determine length of time file has been accessible First check item record for number of semesters on reserve Next open file and verify the date of it’s creation Then if more information is needed check the hard copy of the reserve request If there are still doubts check correspondence

ARKIUG Fall 2006 Length of time is determined! If file has been accessible for classroom use for more than eight semesters check item record note field “n”

ARKIUG Fall 2006 The “n” field

ARKIUG Fall 2006 Examples of “n” field notes Library owned: library owns a copy of the original source Book on order: library will own a copy of the original source 1 st semester: a copyrighted work can be used for one semester without permission

ARKIUG Fall 2006 More “n” field notes Out of print: a copy is unavailable or only available for an unreasonable price Open: the is no copyright on the material Permission granted: have letter of permission on file Ebsco or Proquest etc.: only licensed services that have copyright built into them

ARKIUG Fall 2006 Out of the realm? If I discover the file to be out of the realm of fair use, I will notify the instructor.

ARKIUG Fall 2006 Reserve File Clean-up Check reserve files and evaluate any files that are over two years old DMCA gives three years for factual materials and two years for creative materials Remove any files not on reserve from library server Delete those files that are “out of the realm”

ARKIUG Fall 2006 Additional practices to keep current with copyright issues and fair use Use CNET news alerts On the mailing list for news from Ball State copyright center Visit other university online library sites Attend workshops and conferences about copyright Scan other news sources for copyright news Discuss copyright with colleagues

ARKIUG Fall 2006 Review of Mullins Library “Fair Guide” 1. A policy in place and easily accessible 2. Copyright notices on all efiles download is for personal academic use only citation of the original item is copyrighted source 3. No evidence of extended repeated use (clean out e-reserve files regularly)

ARKIUG Fall 2006 “Fair Guide” continued…. 4. Limiting access to currently enrolled students (authenticate with last name, student ID number, and course password) 5. Ensuring material on reserve is supplemental or permission has been granted 6. Demonstrate we have the intention of obeying the copyright law as we understand it

ARKIUG Fall 2006 In conclusion….. We would like to invite you to give us your opinions of the fair use of electronic reserves and to ask any questions of Karin, Tim, and myself