The Library's course reserves collections provide readings and other materials that support the instructional requirements of specific courses. Essential to our ability to provide reserve collections is the confident and lawful exercise of legitimate use rights as set forth in the fair use provision, Section 107 of the United States Copyright Act of 1976.
For institutions of higher education, the cardinal portion of the Copyright Act is Section 107 of the Copyright Act, the fair use provision. This section sets forth the factors that must be evaluated in determining whether a particular use, without prior permission, is a fair and, therefore, permitted use. The legitimate and lawful application of fair use rights provides the necessary and Constitutionally envisioned balance between the rights of the copyright holder versus societal and educational interests in the dissemination of information.
Section 107 is as follows:
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:
All Hunter Library collections--regardless of format--are purchased by the university 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 frequently pays an institutional subscription price for journals, which is many times the individual subscription price, for the privilege of supporting multiple academic users.
Electronic Reserves is an extension of traditional library services and will be provided in a manner that respects fair use rights, the rights of copyright holders, and current copyright law. The electronic copying and scanning of copyright protected works for library reserve service are unsettled areas of the law which may be addressed by courts and/or legislation. Hunter Library will monitor legal developments that may affect the application of fair use standards to Electronic Reserves services to ensure that library services are in compliance with the letter and spirit of the U.S. copyright law.
Although fair use ultimately depends on the specific facts surrounding each proposed use, the following guidelines are intended to provide direction for use of the Hunter Library reserves system.
For any questions regarding this policy, call Mark Stoffan at (828) 227-3489 or email him at email@example.com.