Hilton M. Briggs Library Reserve Copyright Policy

(approved by library faculty 4/5/2001)

At the request of a faculty member, the Library may place on reserve photocopied or electronic excerpts from copyrighted works in its collection in accordance with guidelines similar to those governing formal classroom distribution for face-to-face teaching. In general, the library believes that these guidelines apply to the library reserve shelf because it functions as an extension of classroom readings and provides an individual student’s right to photocopy for personal scholastic use under the doctrine of fair use.

1.    If the request calls for only one paper copy to be placed on reserve for one semester, an entire article or an entire chapter from a book or an entire poem may be photocopied.

2.    Requests for multiple paper copies on reserve should meet the following guidelines:

1. The amount of material should be reasonable in relation to the total amount of material assigned for one term of a course taking into account the nature of the course, its subject matter and level (17  U.S.C. Sec 107 (1) and (3));
2. The number of copies should be reasonable in light of the number of students enrolled, the difficulty and timing of assignments, and the number of other courses which may assign the same material (17 U.S.C. Sec 107 (1) and (3));
3. The material should contain a notice of copyright (17 U.S.C. Sec 401)
4. The effect of photocopying the material should not be detrimental to the market for the work. (In general, the library should own at least one copy of the work.) (17 U.S.C. Sec 107 (4)).

3.    The uses of photocopied or electronic material in the reserve collection that require advance permission from the owner of the copyright are:

1. Repetitive copying: The reserve use of photocopied or electronic materials in multiple courses or successive years will normally require advance permission from the owner of the copyright (17 U.S.C. Sec 107 (3)).
2. Consumable works: The duplication of works that are consumed in the classroom, such as standardized tests, exercises, and workbooks, normally requires permission from the copyright owner (17 U.S.C. Sec 107 (4)).
3. Creation of anthologies as basic text material for a course (a.k.a. “course packs”): Creation of a collective work or anthology by photocopying a number of copyrighted articles and excerpts to be purchased and used together as the basic text for a course will in most instances require the permission of the copyright owners. Such photocopying is more likely to be considered as a substitute for purchase of a book and thus less likely to be deemed fair use (17 U.S.C. Sec 107 (4)).

If requested, Briggs Library staff will request permission to use photocopied or electronic material through the Copyright Clearance Center at the department's expense; however, all material coming with permission or not requiring permission will be processed first. We will put items requiring permission on reserve while permission is being sought but, if permission is denied, the item will be removed.

Copyright owners may grant permission to use an article for a fee. These fees will be the responsibility of the department that requests the item be placed on reserve.

Note that there is a sample letter for requesting permission to use a copyrighted work on our Web page at: http://www.utsystem.edu/ogc/intellectualproperty/permmm.htm

Return to Library Policies page.

This policy is excerpted from the following article with minor changes and is used by permission:

 Hutchings, Mary. (1982). “Model Policy Concerning College and University Photocopying For Classroom, Research and Library Reserve Use.” College and Research Libraries News 43 (4), pp. 127-131.

Contact Information: Hilton M. Briggs Library, SBL 2115, SDSU, Brookings, SD 57007-1098, Phone: 605-688-5570, Fax: 605-688-6133, Email Us
Updated 16 January 2008 by db