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Copyright Responsibility

While ultimately copyright 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.

The libraries' policy for providing access to copyright-protected materials through its reserve services 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 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.

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 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 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.

Last Reviewed: 03/2014