Himmelfarb Library's reserve policy reflects the Fair Use provisions of the Copyright Act and the Digital Millennium Copyright Act of 1998.
Before requesting items for streaming reserves, you should read and follow these Copyright guidelines:
- All dvds, cds, and media files:
- In accordance with the Digital Millennium Copyright Act (DMCA), media items that are protected by copyright, regardless of fair use or copyright clearance, must include a copyright notice on the digitized file.
- Library-owned dvds, cds, and media files:
- Copyright permission is needed after the first-semester use of the media item. For example, if the DVD named “Medical Errors” has been streamed for your course last Fall, then you CANNOT stream this DVD again, unless you have copyright permission from the publisher of that media work. However, if this is the first time you’ve requested this item, you will not need copyright permission to stream this item.
- Personal dvds, cds, and media files:
- Copyright permission is needed for your personal copies of DVDs, CDs and/or media files.
U.S. Copyright Act and Fair Use
- Under “fair use” provisions, reproduction of copyrighted material for scholarship, research and teaching is legal. However, there are specific provisions outlined under Section 107, Title 17 of the U.S. Copyright Act that must be followed. Section 107 of the Copyright Act lists four factors to help you determine the types of content usage that may be considered fair use. No one factor alone dictates whether a particular use is indeed fair use. Consideration of all four factors is needed to help determine whether or not copyright permission is required.
- These pertain the purpose of the use, the nature of the use, how much material is being used and the “market effect” of reproducing copyrighted materials. See below for a detailed description.
- Purpose - why the material is being used, including whether or not is of a non-profit educational, or commercial purpose. Non-profit educational use is usually considered “fair use.”
- Nature of the copyrighted work. This applies to whether the work is factual in nature, or if it is a work of fiction or a work of drama. Non-fiction, factual works are usually considered as “fair use” materials.
- Brevity - applies to the amount of the work being used, in relation to the entire work. In general, up to 10% of a total work is considered “fair use.”
- Effect - how will the use effect the potential market for, or value of the copyrighted work.
In addition, the Classroom Guidelines (1976) contained in Section 107, H.R. 94-1476, provide additional guidelines regarding "Multiple Copies for Classroom Use", to be followed when placing materials on reserve:
- Brevity - A complete article of 2,500 words or less, or excerpts of not more than 1,000 words or 10% of the total work.
- Spontaneity - The copying is done at the instance and inspiration of the teacher, and, the timing between the decision to use the work for a course, and its actual use, is too short to allow for permission to be granted.
- Cumulative Effect - The materials are used for only 1 course in the school. No more than 3 articles, essays, or 2 excerpts may be copied from the same author; no more than 3 articles or excerpts from the same collective work or periodical volume during one class term.
