Reserves 

The Lesley University Library provides Course Reserves services to make a wide range of materials readily available at the faculty’s request for educational use to AIB/Lesley/EDS students. Materials eligible for Course Reserves fall into two very broad categories: those for which copyright permission is not necessary; and those for which copyright permission may be necessary. For answers to specific questions on copyright permissions, please contact Linda Roscoe, lroscoe@lesley.edu.If you need information on copyright policies regarding media, please contact Marie Gannon, mgannon@lesley.edu.

Repeat use of material for Reserves that the library does not own may require copyright permission. The Head of Access Services will process the copyright request. This is done online and the material will be processed as quickly as possible. Material will be posted pending copyright permission. If permission is denied, the material will be removed. If the copyright costs exceed $100 per course, payment will be requested from the faculty member's department. If the journal is not listed with Copyright Clearance Center, the Head of Access Services will refer the request back to the faculty person and assist with an address and a sample permission letter.

To determine whether textual material can be legitimately used under the Fair Use guidelines, many aspects of all four factors must be weighed. In analyzing these criteria, the following factors weigh in favor of Fair Use:

• Educational use is defined as teaching, research, scholarship, criticism, comment; transformative or productive use (changes the work to serve a new purpose) or other appropriate nonprofit use.
• The nature of the work is factual, nonfiction, or news and is a published work.
• The amount of textual material used is a small quantity (e.g. a single chapter of a book or a journal article or other excerpt); the portion used is not central to the entire work; the total amount is appropriate to support the lesson or make the point.
• There is no significant effect on the market or potential market for the copyrighted work when there is an absence of a licensing mechanism, unresponsiveness of the copyright holder, access is restricted for students enrolled in the class or other appropriate group, or is the first time use by the same faculty for the same course within a three year period.
• In cases where the copyright holder cannot be located or is unresponsive, the Library will consider this a demonstration of a good faith effort to obtain permission.

To safeguard reserve materials, the Library will adhere to the following:

• Copies to be used for Course Reserves services must be lawfully obtained either by the faculty member or the library.
• The Library will use material while pursuing copyright permission, and will remove material immediately if permission is denied.
• Materials on Course Reserves will be removed at the end of each semester.
• All materials placed on Course Reserves must have a full bibliographic citation and the copyright statement clearly on the first page.
• Course Reserves materials will be accessible only by faculty name, department and course number.
• Student papers will be accepted for reserves only with the written permission of the student. Grades and instructor comments must be deleted from the paper.

A checklist on Fair Use to guide you through the process is available at: http://www.copyright.cornell.edu/policy/Fair_Use_Checklist.pdf.

Note: Due to copyright restrictions the following items (or photocopies of these items) can NOT be placed on reserve: a workbook, test, test booklet, answer sheet, or course pack.

The following textual materials are examples of types for which copyright permissions are not necessary. This list is not exhaustive; other exemptions may apply:
Materials in the public domain which includes content published before 1923 as well as other material never covered or no longer covered by copyright (See: Copyright Term and the Public Domain in the United States 1 January 2007 http://www.copyright.cornell.edu/training/copyrightterm.pdf for specific details)
Federal government publications
Content in library subscribed databases based on specifically negotiated licensing terms provided that it is linked and not copied
Open access materials
Any materials already owned by the library. All library materials are acquired by the Library with the understanding that there will be multiple uses of a limited number of purchased copies.
Any material that the library determines falls under the Fair Use Guidelines

For textual material that does not fall into the categories above, Section 107 of the Copyright Act governing the determination of Fair Use expressly permits the making of copies that meet, on balance, four criteria. The Law states:
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.