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EKU Libraries > Services > Course Reserves > Copyright
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Copyright Compliance
BEFORE any material can be copied for placement on reserve, the library must determine if the reproduction of that material complies with U.S. copyright law. To learn more about the factors involved, consult the section on Copyright Law.

AFTER the library has concluded that an item can be reproduced, and the faculty member would like the item to remain on reserve for more than one semester, it is the legal responsibility of the faculty member to seek copyright clearance for the extended use of the item. To obtain clearance the faculty member should contact the publisher directly for permission, or access the Copyright Clearance Center website at www.copyright.com and complete the appropriate form(s). Please be aware that it is the financial responsibility of the faculty member, or their department, to pay any fees associated with the granting of copyright clearance.
Copyright Law
Most works automatically fall under copyright domain if:
  1. The work is of an original nature, and
  2. The work is of a tangible medium (i.e., a book, video, musical recording, etc.).
Libraries may legally reproduce a copyrighted work if one of the three criteria is met:
  1. Permission has been granted by the holder of the copyright (author, publisher, etc.), or
  2. The work is in public domain (e.g., the copyright has expired; it is the product of a government employee; the creator never claimed copyright, etc.), or
  3. The reproduction falls within the Fair Use exemption (U.S. Code, Title 17, Section 107, http://www.copyright.gov/title17/92chap1.html). There are four factors involved in assessing the Fair Use exemption. The more factors that weigh in favor of Fair Use, the greater the likelihood a library will allow reproduction of the work. To get an idea of how libraries assess the Fair Use exemption, consult Purdue University's “Fair Use Analysis” webpage at http://www.lib.purdue.edu/uco/fair_use/index.html.
Fair-use Statement
WARNING CONCERNING COPYRIGHT COMPLIANCE

The copyright law os the United States (Title 17, United States Code) governs the making of photocopies or the reproduction of copyrighted materials. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. The material must not be of a commericial nature, but rather for use in non-profit educational settings for "private study, scholarship, or research." Title 17 defines four main areas of consideration that act as a gauge for "fair-use". They are as follows: purpose, nature, amount, effect. For an explanation of these guidelines we recommend that you consult the U.S. Copyright Office at http://www.loc.gov/copyright/. If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excesses of "fair use," that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a reserve request if its judgment, fulfillment of the request would involve violation of copyright law.
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URL: http://www.library.eku.edu/reserves/copyright.php
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