Library practices for electronic reserve reading services are derived from the fair use provisions of the United States Copyright Act of 1976. Under the guidelines listed below, Section 107 of the Copyright Act expressly permits the making of multiple copies for classroom use. The Association of Research Libraries Bimonthly Report 232, February 2004, "Applying Fair Use in the Development of Electronic Reserves Systems," served as a model for portions of these guidelines.
The University of Illinois, Urbana-Champaign Library purchases collections for the nonprofit educational use of students and faculty. All library materials are acquired with the understanding that there will be multiple uses of a limited number of copies. The Library pays premium institutional prices for many print journal subscriptions and electronic journal license agreements--prices which are many times higher than individual subscription prices--in order to support multiple academic uses. The sole purpose of the electronic reserve service is to facilitate the making of multiple copies for classroom use by students. Considered within this context, electronic reserve services were developed by the Libraries in a manner that conforms to the fair use provisions of Section 107 of the copyright law act. Those provisions are repeated here:
Notwithstanding the provisions of sections 106 and 106a, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--
The Library follows the principles of Fair Use of copyrighted materials when placing materials on reserve, including the re-use of articles or book chapters from the UIUC collections or the use of materials obtained elsewhere. When in doubt about the applicability of the Fair Use standard, the Library will seek permission from the copyright holder. Materials will be placed on reserve pending the receipt of permission.
Materials owned on campus may be made available electronically to those UIUC students and faculty engaged in long distance education. Documents will be password protected and available for a limited number of accesses and for a limited duration before being deleted.
Documents received through ILL services electronically may be converted to standard viewing format and posted to a secure Web space. Documents will be password protected and available for a limited number of accesses and for a limited duration before being deleted.
The Library need not enforce any special regulations on the use of scanners by library users either on or off library premises. The Copyright statement on restrictions copied below applies to any reproduction. This statement is already posted on every photocopier. It is suggested that it be posted in every library with the header "This applies to scanners too."
The Copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyright material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction not be "used for any purposes other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.
Document Revised August 2006