Copyright Information for SUNY Geneseo Faculty

Copyright Permission and Information for Library Reserve Digitization

The Reserve staff in Milne Library digitizes materials for course reserves based on the Fair Use provisions of the U.S. Copyright Act of 1976. The principle of "fair use" is established in 17 USC Section 107, which states that the reproduction of copyrighted works for certain limited, educational purposes does not constitute copyright infringement. When library materials are purchased it is with the understanding that there will be multiple users and subscription materials often include a premium to support these users.

To determine whether copyright permission is needed for Electronic Reserves, faculty should keep in mind that the following four factors are considered in the determination of fair use:

• The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. Copying by non-profit institutions for educational use weighs in favor of fair use.
• The nature of the copyrighted work. Published factual materials (such as texts, journal articles, treatises, etc.) rather than creative and fanciful works (such as novels, short stories, plays, etc.) weigh in favor of fair use.
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole. Quantity must be evaluated relative to the length of the entire original and the amount needed to serve a proper objective. The substantiality concept ("the heart of the work") is a qualitative measure that may weigh against fair use.
• The effect of the use upon the potential market for or value of the copyrighted work. If copying the work results in the loss of licensing or royalty fees this may weigh against fair use.

Rules of thumb for digitizing and using others' works in Electronic Reserves/MyCourses

The Fair Use Guidelines for Electronic Reserves describe general limitations on the scope of materials that should be included, citation and notice requirements and access, use, storage and reuse of reserve materials. These Rules of Thumb are an abbreviated summary of the Guidelines terms which provide helpful guidance that we recommend you view.

1. Limit reserve materials to single articles or chapters; several charts, graphs or illustrations; or other small parts of a work; a small part of the materials required for the course; copies of materials that a faculty member or the library already possesses legally (i.e., by purchase, license, fair use, interlibrary loan, etc.).
2. Include:
   • any copyright notice on the original appropriate citations
   • attributions to the source
   • a Section 108(f)(1) notice*
3. Limit access to students enrolled in the class and administrative staff as needed. Terminate access at the end of the class term.
4. Obtain permission for copyrighted materials that will be used repeatedly by the same instructor for the same class.

The faculty member bears the legal responsibility for complying with copyright laws and obtaining copyright permission from the copyright owner.

The faculty member must electronically "sign" the copyright compliance form verifying compliance with copyright law.

If copyright permission is needed send a written request to the publisher or copyright owner. Permission for classroom and reserve use is sometimes granted free of charge while at other times there is a fee. Download a sample permission form (PDF).

You may also obtain copyright permission by contacting the Copyright Clearance Center.

Other information resources.

Works That May Not Require Copyright Permission

• Works published prior to January 1, 1978 without copyright notices may be reproduced without restriction. Also see Laura Gassaway?s Public Domain chart.
• U.S. Government publications are considered as being within the public domain. However, some government publications, including those prepared by outside authors on contract, may require permission.
• All copyrights dated earlier than 1923 have expired. Copyrights dated 1923 or later may have expired
• Works that have never been copyrighted (Note, however, that the absence of a copyright notice will not be taken to mean that the work is not protected by copyright.)
• Journals and other publications that permit reproduction of their articles for instructional purposes

Copyright Permission Websites

• Is the work copyright protected?
• What constitutes Fair Use for Electronic Reserve
• Is the work in the public domain?
• Digitizing book chapters or journal articles? (Copyright Clearance Center)?
• Duplicating motion pictures?
• Copying sound recordings/musical performances?
• Copying musical compositions?
• Downloading music files at Geneseo

• American Library Association "Model Policy Concerning College and University Photocopying for Classroom, Research, and Library Reserve
• Association of American Publishers
• Guidelines for Use of Copyrighted Music Material
• United States Copyright Office
• Faculty Rights in the Digital Age - Presentation by Carey Hatch, Assistant Provost, SUNY Office of Library and Information Services.

*Copyright Law
Sec. 108(f)(1)
"Copying, displaying and distributing copyrighted works, may infringe the owner's copyright. The University's policy statement on fair use can help you determine whether your use of a copyrighted work may be an infringement. Any use of computer or duplicating facilities by students, faculty or staff for infringing use of copyrighted works is subject to appropriate disciplinary action as well as those civil and criminal penalties provided by federal law."

If you have additional questions about copyright, please phone the Service Desk at (585-245-5594) or email circ@geneseo.edu.