General Copyright Guidelines for Course ReservesThe Grinnell College guidelines on copying for course reserve reading services derive from the fair use provisions of the copyright law of the United States as found in Section 107 of Title 17 of the United States Code. Section 107 expressly permits the making of multiple copies for classroom use. Such educational copying is one of the six illustrative examples of acceptable fair use given in the section. The text of Section 107 is:
"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include
- 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.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."
The Libraries reserve the right to refuse to place on course reserve any material that appears to violate these copyright guidelines. The reproduction of copyright-protected works for library reserve services falls into an unsettled area of the law which may be addressed in future revisions of the copyright law or through adjudication. Grinnell College will monitor legal developments which may affect the fair use analysis of reserve services to ensure that library services are in compliance with the letter and spirit of the United States copyright law.
The University of Texas System's Crash Course in Copyright: A thorough tutorial in basic copyright for higher education by Georgia Harper at The University of Texas at Austin