Reinert-Alumni Library: Copyright Policies

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Copyright Policies

For additional copyright information, please contact Debra Sturges, Head of Access Services, at dsturges@creighton.edu or 280-4756.

Copyright Policy

It is the policy of Creighton University and Reinert-Alumni Library to comply with all applicable copyright laws and related guidelines. It is the intent of this policy to provide basic guidance regarding the photocopying of copyrighted materials. The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. A copy of the law and related guidelines are available on Reserve under file number A1.

Section 107 of The Copyright Act of 1976 provides certain exceptions to the copyright holder exclusive rights. Under Section 107 photocopies of copyrighted materials may be made for purposes such as teaching, scholarship, or research without infringement of copyright. Section 107 lists four factors to be considered in determining whether a particular use is fair use:

The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
The nature of the copyrighted work;
The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
The effect of the use upon the potential market for or value of the copyrighted work.

To assist libraries in determining acceptable reserve collection practices, the American Library Association developed the Model Policy Concerning College and University Photocopying for Classroom Research and Library Reserve (1982). The model policy indicates that single copies will be placed on reserve for an entire article, chapter, or poem. Multiple copies will be placed on reserve if they meet four criteria:

The amount of material should be reasonable in relation to the total amount of the 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. [section] 107 (1) and (3);
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. [section] 107(1);
The material should contain a notice of copyright, see 17 U.S.C. [section] 401; and
The effect of photocopying the material should not be detrimental to the market for the work, 17 U.S.C. [section] 107.

Copyright Guidelines for Reserve Materials

For materials that are in print or electronic format:

No more than one chapter from a book can be placed on Reserve
Anthologies and course packs cannot be placed on Reserve without written permission from the copyright owner(s)
Photocopies of copyrighted articles cannot remain on Reserve for more than one semester without written permission from the copyright owner(s)
No photocopies of consumable works such as standardized tests, workbooks, answer sheets, and solution manuals can be placed on Reserve
For print reserves, there is a limit of five copies of a single article.

Links to Web Resources on Copyright Issues

The library encourages all faculty to become familiar with the Copyright Office's Circular 21: Reproduction of Copyrighted Works by Educators and Librarians. In particular, faculty are urged to read the sections on Classroom Copying in Not-for-Profit Educational Institutions with Respect to Books and Periodicals (section C.2.b.(ii)), Educational Use of Music (section C.2.b.(iii)), and Off-Air Recordings of Broadcast Programming for Educational Purposes (section F).

For more information, including the texts of important laws and information about significant court cases, we recommend the Stanford University Libraries' Fair Use site and the US Copyright Office. For a discussion of intellectual property issues as they apply to the Internet, visit the Electronic Freedom Foundation. Those who are creating multimedia projects on the Internet should take special note of the recent endorsement by many leading government agencies, the publishing industry, and educational associations of the Fair Use Guidelines for Educational Multimedia.

Faculty may also use the American Library Association's digital slider to determine: "Is It Protected by Copyright?"

Assistance in Obtaining Copyright Permissions

Planning to put an article on electronic reserves or your own course page?
Want to create a course pack?
Need copyright clearance when using a figure in your own article or book?
Wondering if you can put that cartoon or audio clip in your presentation?

The Access Services Department of the Reinert-Alumni Library can assist you in understanding when copyright permissions are needed and in obtaining those permissions.

Creighton University is an institutional member of the Copyright Clearance Center, and their Academic Permissions Service (APS). This service helps obtain copyright permissions for reserves and other uses. Faculty may log on to CCC Online or contact Deb Sturges for assistance, at 280-4756 or dsturges@creighton.edu. If the publication isn't included in the CCC, we will contact the publisher for you. Your department is responsible for all copyright fees.