Auburn University Libraries

Policy for E-Reserve Copyright Compliance

Auburn University recognizes and respects intellectual property rights. All library department and Web page authors need to be aware of how intellectual property laws, regulations, and policies apply to the electronic environment while respecting the property of others.

Section 107 of the Copyright Act:

Sec. 107. - Limitations on exclusive rights: Fair use

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 by 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. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors

    As a matter both of moral integrity and of adherence to U.S. copyright law, Auburn University Libraries set forth these policies for all to demonstrate our respect for intellectual property and compliance with the law:

I. General Works

  1. Materials that are placed on E-Reserve will be posted for no more than one
    semester. If continued classroom use is required, copyright clearance should
    be sought to provide the author with the recognition they require.
  2. E-reserve materials may include short items, generally no more than one
    chapter or less than 15% of a book, one journal article from a particular issue
    or no more than 3 articles from a particular volume, one poem from a
    collected work. Copyright permission is required for items that do not fall
    under the above guidelines.
  3. All materials placed on e-reserve must have a full bibliographic citation
    clearly written or typed on the first page. A copy of the copyright statement
    must also be included. (Some journal articles have the copyright included
    with the article while other articles only have copyright statements at the
    beginning of the journal. In both cases, the copyright statement MUST be
    submitted with the article. This also applies for chapters from a book. The
    copyright statement found at the beginning of the book must be included.)
  4. E-reserve is not a substitute for course packs. E-reserve material should be
    a small portion of the total assigned reading material for a particular course.
    Amounts that exceed this may be suitable for inclusion in course packs, for
    which royalties might be paid to copyright holders.
  5. Proper permission must be obtained for all student work on E-Reserve.
    Faculty wanting to post student papers or past test answers (e.g. essays) will
    first have to obtain written consent from the author before the work will be
    posted. This includes works that have had the name removed. If copyright
    permission has been attained, proper attribution must also be made. For
    students wanting their name withheld, written consent must still be obtained,
    and the work will be placed anonymously on E-Reserve with a written
    statement claiming "submitted anonymously."
  6. Electronic reserve materials that have been previously listed for a specific
    course will not be reposted for that course until copyright permission is
    obtained.
  7. All materials will be deleted 30 days after the final of the term ending.
    Only personal materials or those materials with copyright permission
    can be left on e-reserve for more than one semester.

II. Video

  1. The instructor must supply an original copy or use an original library copy
    for E-Reserve for video excerpts. All videos obtained by other means should
    be used in class only.
  2. No more than 10% or 3 minutes of a video may be used from the original
    work, unless copyright approval has been obtained.
  3. Electronic reserve materials that require copyright permission will not be
    posted until permission is obtained.
  4. All materials will be deleted 30 days after the final of the term ending.
    Only personal materials or those materials with copyright permission
    can be left on e-reserve for more than one term per academic year.

    Fair Use Guidelines for Educational Multimedia

III. Music

According to the Music Librarians Association (MLA), Music educators cannot effectively teach the structure of a musical work without providing aural access to the complete work. Attempting to comprehend an entire musical composition through excerpts, or even sections, is no more effective than attempting to comprehend a novel, architectural plan, poem, or painting in the same manner. At best, only a sense of style is conveyed, not, compositional structure.

It is for this reason, Auburn University Libraries feels it would best serve its patrons by following the standards and guidelines set by the MLA. A more detailed listing of those guidelines can be found by following the link below.

MLA Digital Transmission of Electronic Reserves Guidelines

Password Protection:

Access to e-reserve materials can be limited by password protecting the course page. All copyright protected material must be password protected. The password will be restricted by the instructor to the students currently enrolled in the course. COURSE PASSWORDS MUST BE CHANGED EACH TERM.

Please send any questions or concerns regarding E-Reserve to eleresv@auburn.edu or call 4-1730. Thank You for your cooperation.