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Library Reserve Policies Chart
These are general guidelines. It is possible that exceptions may be made for excluded materials if a good "Fair Use" case
can be made for using it. Reminder: Convenience of the instructor or students is not one of the four factors that tend towards
Fair Use. Neither does expense of materials and cost to the student. For more information on Copyright, see the
WCC Copyright website.
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Type of Material
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Can be put on Reserve?
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If can be put on Reserve, time limit
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If can be put on Reserve, percentage of material limit
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What governs the restrictions?
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Example
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WCC Library books from General Collection
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Yes, as long as material is assigned, not merely recommended
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One Semester
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Source: WCC Library Policy
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Books from General and Oversized collections from any subject area. WCC Library policy
is that no materials are bought that are intended for "permanent reserve", as that restricts
circulation to a small subset of the WCC community of library users.
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WCC Library AV materials or other library use only materials (Reference, periodicals,
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No -- videos, DVDs, CDs, Reference materials etc. are already limited to in library use for
students and have very short loan periods, so there is no compelling need to put them on reserve.
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N/A
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N/A
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Source: WCC Library Policy
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Materials included are Reference collection materials such as encyclopedias,
etc; issues of magazines such as American Journal of Nursing; all videos, DVDs,
and CDs. Use is already restricted to within the building and for short periods
of time. Further restriction to control access and length of checkout is unnecessary.
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Instructor's personal whole and entire legally obtained copies of copyrighted printed material: Books, workbooks,
instructor-owned periodical issues, etc. This also applies to works purchased or owned by the Department or College
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Yes - as long as they are ORIGINAL copies and not unauthorized duplications
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As long as the instructor deems necessary
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None
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Source: WCC Library policy
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Copyright law concerns duplication. Since the instructor has either paid for or been granted the use rights to the
original, licensed copy, there are no restrictions on length of time.
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Duplicates of copyrighted printed material, whether photocopies or digital files.
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Yes, with restrictions. Same restrictions apply to regular reserves and Electronic reserves.
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One Semester, unless permission is obtained from the copyright holder to keep it on reserve longer OR the material is in the
public domain
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Brief excerpts from longer works, journal article, unless permission is obtained from the copyright holder for more material
OR the material is in the public domain.
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Sources: Copyright Law of the United States of America and Related Laws Contained in Title 17 of the
United States Code Circular 92 Sec 106 and 107; TEACH Act; Generally accepted restrictions for length of time
and percentage of material followed by U.S. academic libraries - see
University of Texas Copyright website,
Copyright Considerations
for Electronic Reserves, and the Association of College and Research Libraries Statement on Fair Use and Electronic Reserves.
*(see below)
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Permitted: A photocopy of an article for a journal, a couple of chapters from a book, etc. as long as it is not the "heart
of the work." Specific length determinations will be made on a case-by-case basis. Duplications may not be made of an entire
journal issue, or the majority of a book, etc unless the copyright holder gives permission or the work has passed into the
public domain.
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Authorized, licensed copies and/or commercially bought or licensed copies of films, broadcasts, performance, audio in film,
video, CD or other digital format owned by the instructor, department or college
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Regular Reserves: Yes, with some caveats concerning public performance.
Electronic Reserves: see Library staff
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As long as the instructor deems necessary for class purposes
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Entire work
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Sources:
Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code Circular 92 Sec 110;
See also
University of Texas's copyright website
regarding audio and video, Motion Picture Licensing Corporation,
(also see links and information above)
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Since the instructor has either paid for or been granted the use rights to the original, licensed copy, there are no
restrictions on length of time. However, what constitutes a public performance is regulated by Copyright Law and the very
specific exemptions granted to non-profit educational institutions. The material must be directly class related, be shown
in instructional venues, and have restricted access. The Library and reserve room policies function to maintain these parameters.
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Unauthorized, unlawful duplications of any entire copyrighted film, performance --
audio work - video, DVD, CD, streaming audio or video, computer files. Duplications of any
parts of unauthorized, unlawful duplications of any
entire copyrighted film, performance -- audio work -
video, DVD, CD, streaming audio or video, computer files copyrighted film, performance, audio work, video, DVD, CD,
streaming audio or video, computer files, etc.
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No.
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N/A
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N/A
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Source:
Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code Circular 92
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This is illegal. These copies are pirated copies. You may not make unauthorized copies of ANY copyrighted material
and place them on Reserve, whether or not the material is intended for the educational market, etc. WITHOUT PERMISSION. No
home-made tapes of movies rented from Blockbuster, taped off the television, or even from an owned copy that is kept at home
or in the department. There are certain exemptions for duplications of work that are not commercially available in a specific
format, as long as the rights to the original copy have been lawfully obtained through purchase of licensing -consult library
staff if you have questions.
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Duplications of parts of copyrighted films, performances, broadcasts, audio works. Duplications must be made from a lawful,
authorized
original.
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Yes, with restrictions.
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One Semester, unless permission is obtained from the copyright holder to keep it on reserve longer OR the material is in the
public domain
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Brief excerpts from longer works, unless permission is obtained from the copyright holder for more OR the material is in the public
domain.
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Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code
Circular 92 Sec 106 and 107, TEACH Act; Generally accepted restrictions for length of time and percentage of material followed by
U.S. academic libraries -
see University of Texas Copyright website, ALA Copyright Considerations for Electronic Reserves,
and the Association of College and Research Libraries Statement on Fair Use and Electronic Reserves.
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Instructors may make a duplication of a scene from a film, part of an audio piece, part of a broadcast AS LONG AS IT IS FROM
A LEGALLY OBTAINED SOURCE to show for a limited time. If an instructor, the department, or the library has a legally obtained
copy of the original, duplications of small portions are permissible under fair use exemptions. However, what constitutes
"the heart of the work" is sometimes harder to determine than with print materials - similarly, what constitutes "a part"
can be harder to determine in the case of songs that are parts of compilations, etc. In general, if an entity can be sold
or performed alone, the entire entity cannot be duplicated without permission. This is somewhat different from the cases of
some print materials (such as journal articles) and duplication
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Unauthorized duplications of news broadcasts, presidential debates, etc.
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Yes, with restrictions
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10 days after date of broadcast; may hold (but not show) duplication for a further 35 days in order to decide whether
to obtain permission or not.
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Kastenmeier Guidelines provided by the University of California Berkeley Library, Copyright law and Fair Use Exemptions
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Presidential debates, news broadcasts on public television, etc.
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The WCC Reserve policies were developed in consultation with WCC College Counsel, by consulting other
Reserve documentation from other college and university Libraries, documentation from the American Library
Association, and by examining the Copyright Law of the United States of America and Related Laws Contained
in Title 17 of the United States Code, the TEACH Act, and other legislation pertaining to copyright, fair use and
library exemptions. Copyright law and fair use exemptions were designed to be flexible, and fair use exemptions are
decided on a case-by-case basis in the courts.
"However, there are no court decisions that relate to course reserves...
Therefore, Librarians have developed various models for handling reserves and copyright."
(Russell, Carrie, Complete Copyright :
an everyday guide for librarians, 2004, Office for Information Technology Policy, American Library Association, p.77).
Tips for effective and legal use of WCC Reserve services:
- Almost all Reserve restrictions based on Copyright law and Fair Use exemptions apply to duplications of copyrighted work,
whether the duplication is "hard copy" (photocopies) or digital copies supplied via ERES. Familiarize yourself with Copyright
laws and guidelines by checking the
WCC Copyright Website first if you routinely intend
to use duplications in the Reserve Room,
or intend to use ERes (electronic reserves).
- Use one of the Fair Use checklists or worksheets to help determine where your use of a reproduction falls under the Fair Use
exemption continuum.
North Carolina State University Fair Use Worksheet (PDF).
- All duplications must have complete citation/publication information with the material. We must know exactly where the journal
article, chapter of a book, snippet of video, etc. came from.
- If you need to re-use the same reproductions over and over again each semester, then you need to either get permission from
the copyright holder for reproduction/use, or consider putting original volumes on hard copy reserve in their entirety. If you are
considering purchasing materials for which you need multiple copies, consider negotiating for permission/licensing to make a certain
number of copies when you purchase the originals. Sandy McCarthy, Reference Librarian,
, can help answer your
questions about licensing and permissions, especially for media materials.
- Questions about Reserve? Contact Andrea Hemphill at 734-973-3734 for more information.
Web Resources referred to:
Association of College and Research Libraries Statement on Fair Use and Electronic Reserves.
Copyright Law of the United States.
Copyright Management Center (Indiana University-Purdue University).
Kastenmeier Guidelines provided by the University of California Berkeley Library.
TEACH Act - information from the WCC Copyright site.
University of Texas Crash Course in Copyright.
WCC Copyright Website.
Worksheets:
North Carolina State University Fair Use Worksheet.
Copyright Management Center's Fair Use Checklist.
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