Information Regarding Copyright

General Interpretations and Information Regarding Copyright and Photocopied Reserve Materials

The Copyright Act of 1976 grants to copyright owners the exclusive right to reproduce, distribute, perform, and display their works. Any of the foregoing uses without the express permission of the copyright holder constitutes an impermissible use in violation of the act, unless the use falls within one of the exceptions set forth in Title 17 of the U.S. Code. The most commonly utilized exception governing permissible use is the “fair use” exception (17 U.S. Code § 107).

Application of the fair use factors is inherently imprecise; all factors are interrelated and no one factor is entitled to inordinate weight. Consequently, fair use may differ from one work situation to another.

The purpose of the following information is to educate each individual user as to what material is generally accepted under the fair use guidelines for reserve purposes. Because application of the fair use factors is somewhat subjective, definitive answers are not always possible. Although this is not a legal document, it is intended that after reviewing the following information and examples, the reader should come away with a general understanding of what may be placed on library reserve for student use.

Fair Use in the Reproduction of Copyrighted Materials

The WSU Libraries accept reproductions (photocopies or digital files created by scanning) of copyrighted materials for reserve purposes according to copyright fair use guidelines. To qualify as fair use, copying for educational use must be of a limited nature, in terms of both the amount copied and the potential impact on the commercial market for the work.

If the use falls outside of fair use guidelines, permission must be requested from the copyright holder. Library staff can seek copyright permission and will contact you if fees are incurred.

Note that digital scans and other unauthorized reproductions are equivalent to photocopies. However, links to library electronic resources (journal articles, ebooks, and other material licensed by the library) are not considered copies and do not violate copyright. The same is true for other web links and embedded videos, as long as they link to materials that are legally made and accessed.

To qualify for fair use in educational course reserves:

  • Copying shall not be used to create or to replace anthologies, compilations or collective works. Such replacement or substitution can occur whether copies of various or excerpts therefrom are accumulated or reproduced and used separately.
  • There shall be no copying of or from works intended to be “consumable” in the course of study or of teaching. These include workbooks, exercises, standardized test booklets and answer sheets and so on.
  • Copying shall not substitute for the purchase of books, publisher’s reprints or periodicals.
  • Each copy shall include a notice of copyright. [The following wording is recommended: NOTICE: THIS MATERIAL MAY BE PROTECTED BY COPYRIGHT LAW (Title 17 U.S. Code)]
  • In accordance with American Library Association guidelines, we will accept up to one physical copy of each reserve item per 10 students but not more than 10 copies total.
  • Electronic course reserve materials will be password-protected and will only be accessible to students while currently enrolled in a given course.
Questions?

WSU Vancouver Library

Main Campus Library Services
Email Address van.library@wsu.edu
Phone (360) 546-9680

Library Hours

  • Mon – Fri: 9:00am – 4:00pm
  • Sat – Sun: Closed
Book a Librarian Login to Print (PaperCut)

General Interpretations and Examples

Brevity:

  • An article, poem, essay or short story, whether or not from a collected work
  • A chapter from a book. (It may be permissible to copy more than one chapter from a book if it has more than 15 chapters. If, however, the substantiality or the significance of the individual chapter(s) in relation to the whole is disproportionate, then these numerical limits may not be applicable.)

Purpose

  • Materials copied for reserves should have a clear pedagogical purpose and serve a specific need for students in the course.
  • Copies may be re-used over multiple years as long as they continue to be the most relevant and appropriate materials for the course.
  • Fair use claims are stronger when the use is “transformative”; that is, when the original material is used in a way different than originally intended. Examples of transformative use include using a historical news article as as evidence about the historical period, or using a piece of music as a topic of criticism and commentary.

Effect on Market

  • Copying is unlikely to be fair use if it has the potential to harm the commercial market for the copyrighted work—for example, if it substituted for the sale of a textbook, anthology, or similar work marketed for teaching purposes.
  • For this reason, only very short selections should be copied from such works, and these should not include “consumable” material such as worksheets.
  • Again, the law favors transformative use for a specific pedagogical purposes (for example, sharing a worksheet in an education class as a topic of criticism and commentary, or copying a portion of a textbook as an example of typographic design).

Examples of Permissible Copying under Fair Use

  • Material is chosen so closely to the start of class that it is unreasonable to expect a timely reply to a request for permission.
  • A single item, e.g., a book chapter or news periodical
  • Material from recent newspapers or news periodicals
  • Personally authored materials such as exams, course syllabi, or articles submitted for publication.
  • Material in the public domain such as government documents or for which the copyright has expired (usually more than 75 years old.)
  • Material that states that photocopying is permitted.

Examples of Inappropriate Use

  • A photocopy of a substantial portion of a book.
  • Use of more than one article from one issue of a periodical other than a newspaper or news periodical.
  • Copying from materials intended to be “consumable” such as workbooks, standardized tests, etc.
  • Use of copies from various sources to replicate the contents of an existing anthology.

Examples Where Copying Is Always Permitted

In the following cases, copying is permitted by law, and fair use and permissions do not need to be considered.

  • Materials in the public domain (including U.S. Federal Government publications and any works published more than 95 years ago.)
  • Materials published under a Creative Commons license, as long as you comply with the terms of the license (some require attribution or noncommercial use).
  • Materials whose copyright is owned by the instructor (such as unpublished lectures or articles).

Examples Where No Copying Is Involved

In the following cases, materials are provided to students without copying, and fair use and permissions do not need to be considered.

  • Linking to electronic materials license by the library, such as journal articles, ebooks, databases, streaming videos, and so on.
  • Loaning physical copies of items legally obtained by the library or the faculty member, such as books, journals, DVDs, and so on.

REMEMBER: Educational use alone is not sufficient to make a use a fair one.

WSU Vancouver will seek copyright permission and will contact you if fees are incurred. The foregoing information and examples are general applications from which deviations may occur under certain circumstances. If you are still in doubt regarding policies for photocopied reserve materials, contact: [mark.hasse@wsu.edu]