Miami University

Miami University Libraries

Copyright Guidelines - Electronic Reserves

The Libraries' electronic reserves service supports classroom teaching in a manner that respects the concept of fair use, the rights of copyright holders, and copyright law. These guidelines are not intended to be exhaustive, but to provide direction.

Section 107 of the Copyright Act of 1976 provides four factors to be applied to determine whether the use made of any work is "fair use":

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 effect of placing material on electronic reserves cannot be detrimental to the market for the work.

Entire works cannot be placed on electronic reserves. Generally acceptable are: a single chapter from a book, a small portion of a longer work, a single article from a journal.

To ensure that the Libraries are in compliance with the letter and spirit of the U.S. copyright law:

Materials will be placed on reserve at the initiative of the faculty for the sole purpose of educational use.
Access to electronic reserves will be limited to students enrolled in the class for which the materials were placed on Reserve.
At the end of each course, copyrighted materials will be taken off line to ensure no further access to the material.
For copyrighted materials, a copyright warning will appear on an introductory screen.

The Miami University Libraries adhere to the principles set forth by the Music Library Association (MLA) regarding the provision of recordings. The MLA's position is that "dubbing or digital copying of musical works for class reserves falls within the spirit of the fair use provision of the copyright law."

The following conditions must be followed:

Access to musical works will be limited to students enrolled inthe class for which the materials were placed on Reserve.
Either the institution or the course instructor should own the original that is used to make the digital file.
At the end of each course, materials will be taken off line to ensure no further access to the materials.
The Libraries will offer streaming only. The Libraries will not offer downloading.
The Libraries will not systematically digitize musical works. Materials will be placed on reserve for the sole purpose of educational use at the request of the instructor.

Questions about Reserves Copyright Policy? Contact Scott Van Dam at vandamsr@muohio.edu.