Reserve Copyright Guidelines

The following are based on the draft "Fair-Use Guidelines for Electronic Reserve Systems" and the ALA Model Policy Concerning College and University Photocopying for Classroom, Research and Library Use. These guidelines are not law but are merely a statement of what publishers, authors, libraries, etc. agreed would be considered fair use. However, there was no consensus for electronic copies.

• VCU Libraries Reserves Copyright Regulations and Guidelines

General Guidelines

1. Only VCU faculty or their proxies may request that materials be placed on reserve.
   
   
2. All materials placed on reserves are solely for the non-commercial, educational use of students and staff training.
   
   
3. Access to reproductions and instructor-owned reserve material will be limited to current VCU faculty, staff and students. Network access will be limited to authenticated VCU users.
   
   
4. There will be no charge for access or use of reserves. Students may pay nominal charges for printing or photocopying reserve materials.
   
   
5. Whenever possible, materials copied or scanned for reserves will be owned by the faculty submitting them or by the VCU Libraries. If necessary and possible, these materials will be purchased by the VCU Libraries.
   
   
6. Longer works, such as complete books, will not be copied for reserves.
   
   
7. The number of copies should be reasonable in light of the number of students enrolled, the difficulty and timing of the assignments, and the number of other courses which may assign the same materials (17 U.S.C., Section 107:1 and 3). Therefore, VCU Libraries allows no more than five copies to be placed on reserve for classes of 50 or fewer. One copy may be placed on reserve for every 20 additional student enrolled in the course.
   
   
8. No more than 50 titles (Libraries materials, personal copies, and reproductions) may be placed on reserve for one course by a single faculty member. Exceptions may be made at the discretion of the Reserve Coordinators.
   
   
9. As per ARL Counsel interpretation (1), the following copyright notice will appear at the beginning of the copied work for reserves to indicate that the materials may be covered by copyright law:

   The copyright law of the United States (Titles 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.
   
   Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship or research". If a user makes a request for, or later uses a photocopy of reproduction for purposed in excess of "fair use", that user may be liable for copyright infringement.
   
   This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law. When submitting the order form to request article information, you are agreeing to the conditions set forth herein.

   (1) Interpretation of Arnold P. Lutzker, Esq. (Lutzker & Lutzker LLP, Washington, DC) of Section 108(a)(3) of the Copyright Act, as amended in the Digital Millenium Copyright Act of 1998.

10. Faculty will be responsible for acquiring needed use permissions beyond those provided by the Copyright Act. The VCU Libraries will assist faculty in acquiring permissions by making available printed resources and educational assistance.
    
    
11. The American Library Association model reserve policy will be followed.
    
    
12. Appropriate citations or attributions to the source of the copied works will be displayed.
    
    
13. Material access will be via course name, course number or faculty name.
    
    
14. The Libraries staff will rush recall materials for reserve that are out on loan to another patron.