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e-Reserves: Copyright Guidelines

In order to place materials on electronic course reserves, faculty must either acquire permission from the copyright holder or certify that the material to be copied qualifies as Fair Use. A determination of Fair Use must be based on Section 107 of the United States Copyright Act, which states:

"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:


1. The purpose and character of the use, including whether such use is of a commercial nature, or is for non-profit educational use;

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."

Some resources for helping to determine whether or not a particular use is Fair:

American Library Association's "Fair Use Evaluator"

 

Dr. Kenny Crews' (Columbia Univ.) "Fair Use Checklist"

If you are claiming Fair Use for the materials you are submitting for electronic reserves, and permission to do so has not been granted by the copyright holder, you must sign the following statement:

I have determined, to the best of my ability, that the materials listed below and any and all other material which I submit for inclusion in the CU Boulder Libraries' Electronic Reserves system, for the SPRING 2010 semester, qualify as educational Fair Use. I understand that I may be held personally responsible should legal action be taken by the copyright holder.