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Guidelines for ECR Access to Copyrighted Materials
SDSU Library and Information Access
May 2002
The primary function of the Reserve Book Room is to make library owned course required materials available to enrolled students in an orderly fashion through the application of restricted loan periods. The Electronic Course Reserves (ECR) is viewed as an electronic extension of the traditional course reserve model, a non-commercial venture for nonprofit educational purposes only.
17 USC Section 107 establishes the principle, commonly called "fair use," that the reproduction of copyrighted works for certain limited, educational purposes does not constitute copyright infringement. Four factors are considered in the determination of fair use:
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The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
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The nature of the copyrighted work;
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- The effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Library materials are purchased by San Diego State University Library with the tacit assumption that they will be used by numerous researchers. We believe that the ECR extends the capacity of these materials for access by multiple users without reducing the potential market for, or value of these materials. As a rule, we do not seek copyright clearance before placing single journal articles or brief excerpts from published monographs and conference proceedings or reports owned by the Library onto the ECR for one semester. We apply the following restrictions to materials which are entered into ECR to safeguard observance of copyright provisions:
- Materials are routinely retained on the ECR for no more than one semester. If continued classroom use is required copyright clearance will be sought for items from books or journals not owned by the Library.
- The Library does not provide ECR access to materials not on reserve
for the current semester. (Exceptions may be made for students making
up work due to incomplete grades.)
- Excerpts from books, generally constituting less than 15% of the complete monograph, will be accepted for inclusion to the ECR. Requests for permission will be made for portions of a book exceeding 15%.
- No more than 15% from any single journal issue is included on the ECR without seeking copyright clearance.
- Full source information is provided for all items on ECR, except where items are written by a faculty member for whom the course is created.
- No charge is made for access to the ECR. Photocopying is possible at
cost. The fee charged for photocopying materials on the ECR from computer workstations in the Library only covers the actual cost of reproduction; there is no commercial gain for the Library.
- Students are advised that they may make no more than one photocopy for personal educational use of items contained in the ECR. No further electronic reproduction is possible.
- While searching by title is possible on ECR, access to assigned readings is by instructor and course number, not by author/title indexes.
- The ECR is not a substitute for course packs. The total amount of
material included on ECR should be a small percentage of the total
assigned reading material for a particular course. Larger amounts of
material may be suitable for inclusion in course packs, for which royalties
might be paid to copyright holders.
- Use of the ECR is limited to verified San Diego State University
students, faculty and staff.
- Proper attribution must be obtained for all works on ECR. Faculty who wish to
place a student paper or other unpublished work on reserve must obtain written consent from the author before the work will be added to ECR.
In those cases where copyright clearance is sought, usage fees of up to forty
dollars per document/semester will be routinely paid. Requests for larger fees
will be considered on a case-by-case basis.
When it is appropriate to seek clearance from the copyright holder before adding a document to the ECR, a letter will be sent from the Library to the copyright holder describing the scope of the proposed use and the safeguards the Library has imposed on the ECR to prevent copyright infringements.
Normally, requests for permission will be sent on an item by item basis.
This page http://infodome.sdsu.edu/about/depts/reserve/copyright.shtml is maintained by Laura Hudson.
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