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 2003-04 2004-05 2005-06

DIGITAL 0 21,172 24,609

HARD COPY 12,943 5,402 4,140

RESERVES TOTAL 12,943 26,574 28,749

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 work3. 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 Policylink

http://libinfo.uark.edu/circulation/aboutreserves.asp

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 acopyright notice on the first page toinform the users that the work may beprotected by copyright law. All reservematerials must include appropriatecitations and attributions to the sourcefrom 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 electronicreserves will be removed from thereserve system at the conclusion of acourse. Faculty may be required toobtain permission from the copyrightholder if the same material is usedsubsequently.

Fair Use 3: amount and substantiality

ARKIUG Fall 2006

The Libraries will not place material onElectronic reserve if it is judged that thepurpose, nature, and the effect of areserve 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 check1. Course List2. Hard copy reserve requests3. Email to and from instructors4. Backup of reserve files on C-drive5. 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 email

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

1st 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