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SJU Drexel Library Copyright Policy & Guide:
Library Reserve Materials


Copyright Notice Requirement for Reserve Materials

[From Code of Federal Regulations, Title 37, Section 201.14]

This copyright notice should be "printed on heavy paper or other durable material in type at least 18 points in size, and shall be displayed prominently in such manner and location as to be clearly visible, legible, and comprehensible to a casual observer within the immediate vicinity of the place where orders are accepted":

 

NOTICE WARNING CONCERNING COPYRIGHT RESTRICTIONS

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.

Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specific conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.

This institution reserves the right to refuse a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.

 

This notice is also required to be printed on the order form for reserve materials, "within a box located prominently on the order form itself, either on the front side of the form or immediately adjacent to the space calling for the name or signature of the person using the form. The notice shall be printed in type size no smaller than that used predominantly throughout the form, and in no case shall the type size be smaller than 8 points. The notice shall be printed in such manner as to be clearly legible, comprehensible, and readily apparent to a casual reader of the form".

The photocopied materials must also include a notice of copyright.  This notice should appear exactly as it appears on the original work.  If no copyright notice appears on the original work, the copy should include the statement "This material may be protected by copyright".

Library Reserve Guidelines

The library suggests the following guidelines, in accordance with section 107 of United States House Report 2223:

A single copy may be made of any of the following by or for a teacher at his or her individual request for his or her scholarly research or use in teaching or preparation to teach a class:

         A chapter from a book;

         An article from a periodical or newspaper;

         A short story, short essay or short poem, whether or not from a collective work;

         A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper;

Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion; provided that:

  • The copying meets the tests of brevity and spontaneity as defined below; and,
  • Meets the cumulative effect test as defined below; and
  • Each copy includes a notice of copyright.
  • Brevity

    1. Poetry:
      (a) A complete poem if less than 250 words and if printed on not more than two pages or,
      (b)
      from a longer poem, an excerpt of not more than 250 words.

    2. Prose:
      (a)
      Either a complete article, story or essay of less than 2,500 words, or
      (b)
      an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words.
      [Each of the numerical limits stated above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.]

    3. Illustration:
      One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.

    4. "Special" works:
      Certain works in poetry, prose or in "poetic prose" which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 words in their entirety. Paragraph "ii" above notwithstanding such "special works" may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the words found in the text thereof, may be reproduced.

    Spontaneity

    1. The copying is at the instance and inspiration of the individual teacher, and
    2. The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.


    Cumulative Effect

    1. The copying of the material is for only one course in the school in which the copies are made.
    2. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.
    3. There shall not be more than nine instances of such multiple copying for one course during one class term.

    [The limitations stated in "1" and "3" above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.]

     

    Back to SJU Drexel Library Copyright Policy & Guide

 

 


Marjorie A. Rathbone
Associate Director for Resources Management
Saint Joseph's University
Last revision / review:  October 3, 2008
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