Off Campus Access

Copyright

US Copyright Law

 

Title 17 of the US Code contains information and regulations about copyright and how it applies not only to users but also to authors. For further information, please refer to the American Library Association's Copyright information, the ARL Copyright Information, Stanford University Copyright Info, or the U.S. Copyright Office.

 

The FIU Libraries' Course Reserves service complies with the Copyright Law of the United States, Title 17 of the U.S. Code.

 

This guide does not represent or imply legal advice or counsel.

 

FAQ

I have never worried about copyright compliance before. Why now?

The FIU Libraries must comply with the U.S Copyright Law.

 

What kinds of materials can I place on Reserve that will be copyright compliant?

Most books can be placed on print (non-PDF) reserve. Photocopies of articles either in print or PDF format and multimedia materials must comply with the Copyright Law.

 

What kinds of materials can I place on Reserve that do not require copyright compliance?

Non-copyrighted works, such as study guides and past exams. Some government documents may not be copyrighted, so verify this from a government documents librarian if you are unsure.

 

Do I have to seek permission from the publishers?

No, the Library will assume this responsibility. You will be notified if permission is not granted.

 

What happens if the material I need does not receive permission to be used?

Then the Library is unable to place this material on Reserve. The Library must comply.

 

Will I be notified if the copyright use is denied?

Yes, you will be notified and your material will be returned.

 

When should I submit materials for placement on Reserve?

30 to 45 days before the semester begins. Please allow about 2 weeks for your materials to be processed and placed on Reserve. You may submit materials at any time during the semester.

 

If I intend to keep a material on Reserve every semester, do I need to resubmit this equest each semester?

Yes, in accordance with the Copyright Law all Reserve materials must be renewed for each semester. An electronic notice will be sent to you as a reminder.

 

What type of materials can be placed on Electronic Reserves?

Due to copyright restrictions and other technical considerations, only articles published in journals, magazines, newspapers, and most book chapters are eligible for this service.

 

 

Fair Use of Copyrighted Materials

Section 106 of the U. S. Copyright Law determines copyright owner exclusive rights, including the reproduction of copyrighted works and the distribution of copies of the copyrighted works to the public. The Doctrine of Fair Use (Section 107) provides for certain exceptions that allow use of copyrighted materials for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. For each use, the individual user must make a determination considering four factors detailed in Section 107.  Refer to the Fair Use Checklist for clear guidance on making such a determination.

 

Fair Use Is Not Free Use


To use copyrighted materials for Course Reserves the material(s) must be used for nonprofit reasons such as education and research. Using small portions of the material for referrals is generally allowed. However, if the copyright owner disallows use then Course Reserves must comply.