COURSE RESERVE COPYRIGHT POLICY

The University of Tennessee Libraries' course reserves provides access to supplementary course materials in support of the UniversityÕs educational mission. The reserve policy is based on the lawful exercise of legitimate use rights outlined in the fair use provision, Section 107 of the United States Copyright Act of 1976.

Section 107 sets forth the factors that must be evaluated in determining whether a particular use, without prior permission, is a fair and permitted use. Fair use rights provide the necessary balance between the rights of the copyright holder and educational interests in the dissemination of information.

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:

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.

All University of Tennessee Library collections, regardless of physical format, are purchased by the university for nonprofit, educational use. All library materials are acquired with the understanding that there will be multiple uses of a limited number of copies. The library frequently pays a premium institutional subscription price for journals, for the privilege of supporting multiple academic users. Considered within this context, the UT libraries offer online reserve services in conformance with the plain language of the fair use provisions of the copyright law.

The electronic copying and scanning of copyright protected works for library reserve service and distance education are unsettled areas of the law which may be addressed by the courts and/or legislation. The UT Libraries will monitor legal developments to ensure that library services are in compliance with the letter and spirit of the U.S. copyright law.

Course Reserve Guidelines

1. All use of materials placed on reserve will be at the initiative of faculty solely for noncommercial, educational use by students.
2. Whenever possible, the library will purchase materials to be copied or scanned for reserves.
3. There will be no charge for access; the charge for any copies made by students will be limited to the nominal cost of photocopies or laser prints.
4. Copyright notice will appear on screen in the online reserve system and on copies made of reserve readings to indicate that materials are or may be covered by copyright law.
5. Network access to materials on online reserve will be limited by IP address and password to the UT community. Online searching and retrieval will be limited to course name and course instructor.
6. The library will follow the principles of Fair Use when placing materials on reserve.
7. The UT Libraries will not place items on reserve without permission if the nature, scope, or extent is judged by the library to exceed the reasonable limits of fair use. For example, longer works, such as complete books, or consumables such as workbooks, will not be copied for reserves.
8. The UT Libraries will place only legally obtained materials on course reserves.
9. Access to online reserve materials will be terminated at the conclusion of each course.

Adopted 6-28-00
Library Management Group

NOTE: This copyright information is not official policy of the University of Tennessee. It does not constitute legal advice. Specific questions about how copyright law applies to individual instructional or research use of copyrighted material should be referred to Alice Woody (awoody@utk.edu), General Counsel's Office, 719 Andy Holt Tower, 974-3247.