What is Fair Use?
The Library seeks to provide students and faculty with access to course related materials for the purposes of education and research. While it is the library's obligation to promote the open exchange of ideas crucial to the education of our students, it is also our obligation to adhere to existing copyright law. Many reserve materials will fall under the definition of "fair use." The library assumes that faculty members will determine whether their use of material is considered "fair", and will obtain permission from the copyright holder if it is not. If an instructor requests an item to be placed on reserve that is clearly not "fair use," (e.g. an entire book photocopied), the library staff reserves the right to reject that item.
The 1976 Copyright Act grants the "fair use" of copyrighted materials for a variety of purposes, for the creation of new works, for educational use, and for personal use. There are four nonexclusive statutory factors - all directed to the marketing of works - to use in determining whether a use is fair. They are:
- The purpose of the use, including whether such use is for commercial or for non- profit educational purposes. (Commercial purpose implies a use of the copyright; educational purpose, a use of the work.)
- The nature of the work. (This requires a determination of whether the work is a creative work, a compilation, or a derivative work.)
- The amount used in relation to the work as a whole. (The amount of the work used is a major factor in determining whether the use is merely a use of the work or a use of the copyright; the greater the amount used, the more likely the use will be a use of the copyright.)
- The effect of the use on the market or potential market for the work.
(Excerpted from: Board of Regents of the University System of Georgia: Office of Legal Affairs. "Regents Guide to Understanding Copyright & Educational Fair Use"; Part I. Principals of Fair Use.)
All materials submitted for library reserve are subject to copyright review. The following links can assist you in determining fair use:
- Checklist for Fair Use from Copyright Clearance Center.
- Common Copyright Scenarios, from University of Minnesota Libraries.
The use of a copyrighted work for library reserves is more likely to favor fair use if the library or faculty member owns a copy of the original work. Therefore the library encourages faculty to submit a request to purchase items for reserve that the library does not currently own.