Miami University Libraries
Get HelpMiami Reserves Copyright Policy
The purpose of the Libraries' print and electronic reserves service is to facilitate classroom teaching. For institutions of higher education, the fair use provision found in the US Copyright Act of 1976, Section 107, allows reproduction and other uses of copyrighted works under certain conditions. The section provides four factors that must be evaluated to determine if a particular use is "fair use."
Section 107 is as follows:
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 Miami University Libraries' policy on print and electronic reserves is based on the fair use provisions of the Copyright Act. However, clarity has not been reached in all areas of the law, particularly those pertaining to electronic copying of copyrighted materials: discussion of copyright law and fair use continues on many levels. The Libraries will continue to monitor developments which affect fair use and will adhere to practices appropriate to the spirit and letter of the law.
The library will not place materials on reserve if it deems that doing so exceeds the limits of fair use.
For specific copyright guidelines on print and electronic reserves, please see: