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Falvey Memorial Library regularly assists faculty members in placing print copies of copyrighted materials on reserve in the library and placing electronic copies of copyrighted documents on reserve on the instructor's Blackboard course.

The use of electronic reserves material, as with all reserves, is governed by the provisions of fair use of the United States Copyright Act of 1976. Section 107 of the Copyright Act expressly permits the making of multiple copies for classroom use. In determining fair use there are four factors:

  • Purpose: the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit education purposes
  • Nature: the nature of the copyrighted work (original or derivative)
  • Amount: the amount and substantiality of the portion used in relation to the copyrighted work as a whole
  • Effect: the effect of the use upon the potential market for or value of the copyrighted work

Based on the fair use criteria above, library staff will determine if limited portions of an individual work can be scanned or copied for course reserves. Faculty are responsible for obtaining copyright permission for materials that exceed fair use.

In addition to copyright issues related to library reserve items, there may also be copyright compliance issues pertinent to copying or digital conversion of materials in the collection for research or instructional purposes. The library reserves the right to decline service when doing so may infringe copyright law.

For copyright questions pertaining to Interlibrary Loan, please contact Jesse Flavin at 610-519-4274. For copyright questions about Course Reserves, please contact Patricia Kemp at 610-519-3899.

Advice provided by the library in these areas is limited to questions of policy and does not constitute legal advice. The library defers to the Villanova University copyright policy, which can be found by clicking on the first link listed below.

Updated 4/25/2017

Selected Internet Resources

This site is for information purposes only and does not represent legal advice.
Due to the impermanent nature of links, some information may not be current.

Copyright & Fair Use
Scholarly Communications@Duke

Some Author's Rights Resources



Last Modified: Tuesday, April 25th, 2017