Skip to Navigation.
Skip to Search.
Skip to Content.
Switch to Default Layout

Franklin D. Schurz Library

Background Image

Schurz Library Reserve Policies

When to Submit: Reserve materials may be submitted at any time. However, for Reserves Online, materials should be submitted as early as possible. The Reserves Coordinator strives to process regular materials within 24 hours and online materials within 72 hours. Reserve items must be submitted with a reserve form with complete citations.

Reserve Form: This form is used by the Reserve Department to request permission from the Copyright Clearance Center (CCC). If permisson is not received by the end of the semester, the materials will be pulled from the DocuTek (Reserve Online) system. The CCC charge for requesting permission is currently covered by the Library. However, any fees (or royalities) required for permission may be passed along to the faculty or the faculty's department for payment. Complete citations are required. so that the Reserves Coordinator can seek copyright permissions when necessary. Entire books, videos, CDs, and other media will not go on the DocuTek (Reserve Online) system but will be made available at the Circulation Desk of the library for checkout.

 Processing: Reserve materials submitted will be available in hard copy format at the Reserve Desk within 24 hours [Monday - Thursday] or by Monday at 5:00 p.m. [Friday - Sunday] of time submitted by instructor. Loose-leaf materials will be available online within 72 hours of being submitted. Due to the turnover time required for Reserves Online, it is wise to submit reserves well in advance.

Responsibility: While ultimately the permission should be sought by the professor, the Library helps by applying to obtain permissions for reserve materials. If the materials on reserve for your class are required reading and constitute over 50 percent of course requirements, the instructor should work with the IU Book Store to create course packs for students.

Copyright Policy: The libraries' policy for providing access to copyright-protected materials through its reserve services (at the desk or e-reserves) is derived from the fair use provisions of the United States Copyright Act (Title 17 of the United States Code). Section 107 of the Copyright Act expressly permits use of copyrighted materials for teaching (including multiple copies for classroom use) scholarship, and research. Such educational copying does not require the payment of or the permission of the copyright owners, provided that the circumstances of the use are as determined by a consideration of four factors specified in section 107. The text of section 107 is as follows:


107. Limitations on exclusive rights: Fair Use

Notwithstanding the provisions of sections 106 [Exclusive rights in copyrighted works] and 106A [Rights of certain authors to attribution and integrity], 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 -

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

The collections of the Indiana University Libraries are purchased by the university for the nonprofit educational use of students and faculty. All library materials are acquired with the understanding that there will be multiple uses of a limited number of copies. Libraries frequently pay a premium institutional subscription price for materials, which is many times the individual subscription price, for the privilege of supporting multiple academic users. The sole purpose of the reserve services is to support teaching, scholarship, and research. Considered within this context, reserve services have been developed by the IU South Bend libraries in a manner that conforms with the plain language of the fair use provisions of the copyright law.

The following policies apply to materials that are scanned and downloaded to the library's reserve services. These policies do not apply to materials that are openly posted on the World Wide Web for which direct links are included in the electronic reserve service; to electronic resources licensed to the IU South Bend Libraries; to materials for which no copyright protection is claimed; or to copyrighted materials that have passed into the public domain.
  1. The libraries will consider the statutory fair use factors in determining whether or not the inclusion of materials in the reserve services is fair use. Permission, sought by the library, will be required for inclusions that exceed what is determined by the library to be fair use.
  2. All use of materials placed on electronic reserves will be at the initiative of instructors solely for non-commercial, educational use by students.
  3. Materials from a copyrighted work will not be included in the reserves service unless the instructor, the libraries, or another unit of the University possesses a lawfully-obtained copy of the work.
  4. There will be no charge for access to the reserves services.
  5. Notice will appear in the electronic reserve service that the copying of materials may be subject to copyright law.
  6. Access to reserve materials will be limited to students registered in the course for which the materials have been placed on reserve, to instructors, and to staff responsible for the reserve services.
  7. Electronic files will be removed from the reserve system when they are no longer used for reserve services.
The IU South Bend Libraries will continually monitor legal developments which may affect fair use analysis of electronic reserve services to ensure that library services are in compliance with the letter and spirit of the United States copyright law.

Types of Materials: All types of materials may be submitted. Any loose-leaf material is put online. Currently, we interpret Fair Use to mean that materials may be mounted one semester while copyright permission is requested. If, however, permission is denied, the material will be removed. All material, whether available at the desk or online, are screened against the Fair Use guidelines.