ISS Policies

ERes Guidelines and Copyright Information

ERes makes it possible to provide a wide range of materials to students enrolled in classes at CLU. However, these materials must be made available within the provisions and constraints of copyright law.

Guidelines for electronic reserves are based on the Fair Use provisions of the U.S. Copyright Act of 1976, Section 107, and on the draft Electronic Reserves Guidelines that were developed during the Conference on Fair Use (CONFU) 1994 - 1998.

For additional information on U.S. Copyright Law see the U.S. Copyright Office Web site at http://www.loc.gov/copyright .

For additional information on copyright law for electronic reserves see the University of Texas System Web site at http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm

Guidelines for ERes at California Lutheran University

  1. In accordance with copyright law, all e-reserve pages that contain material protected by copyright law must be password protected and that password made available only to CLU students enrolled in that course. Access must be terminated at the end of the semester.
  2. Items that do not require copyright permission (are not copyright protected) are:
    1. Exams, homework solutions
    2. Lecture notes and syllabi
    3. U.S. Government publications
    4. Works in the public domain (see http://www.unc.edu/%7Eunclng/public-d.htm for a chart)
  3. Materials that fall under "fair use" do not require copyright permission, but they do require a notice of copyright (Section 108 United States Code Title 17).* These materials should also include an appropriate citation. These items are:
    1. A single article from a journal or periodical
    2. A single chapter from a book
    3. A short story, essay or poem from a collected work
    4. A short excerpt (no more than 10% of the total) of a longer work, not divided into chapters or articles
    5. Material where the instructor is the copyright holder
  4. Materials that do not fall within "fair use" will require copyright permission. These items are:
    1. An article from a journal or periodical that is to be used for more than one semester, or articles that are used for an individual course taught in multiple sections by many instructors.
    2. More than one article from a journal or periodical issue
    3. A chapter of a book used for more than one semester.
    4. Multiple chapters of a book
  5. Faculty members must contact the ERes Manager for materials that do not meet "fair use" criteria. The ERes Manager will contact the Copyright Clearance Center (CCC) for copyright permission. Items may stay on reserve while permission is pending. If copyright permission is not available from the CCC, the faculty member will be responsible for gaining permission from the copyright holder and paying related fees.
  6. Faculty members who mount their own ERes pages are responsible for following these guidelines.
  7. ERes courses not being reused after two years need to be deleted by the faculty member. The ERes Manager will contact each Faculty member before the ERes Manager deletes the course page after two years. For Example: Fall 2003 Course pages not being reused for Fall 2004, need to be deleted and the faculty member is responsible for saving his/her files contained on the course page.
  8. At the end of each fiscal year all ERes courses will be archived.
  9. Library staff will be happy to assist faculty in determining if CLU has access to an article via one of its electronic databases, thus enabling the use of a link for an item where the aggregator has already been granted copyright permission and pays royalty fees. These links may stay on a page indefinitely.

*Sample notices of copyright: "Warning Concerning Copyright Restrictions: The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproduction of copyright materials" or "This material may be protected by copyright."

Due to the fact that ERes does provide a copyright statement before a student can click through to an article, additional notice of copyright is optional.

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