Much has been written about the implications, under copyright law, of placing course materials on reserve and, in particular, about the practice of placing coursepacks on electronic reserve. Several high-profile court cases have addressed the practice of commercial copyshops reproducing copyrighted materials for use in coursepacks. Copyright owners will pay increasing attention to these practices, particularly as more of these materials are digitized and available for loading into electronic networks. The ease with which students can download, reproduce, and circulate electronic reserve materials is a matter of great concern to publishers and copyright owners, because they view this practice as potentially having a significant impact on the market for these works.
In order to assist the college community in complying with copyright law with respect to these types of materials, the following guidelines will apply to reserves and coursepacks, whether in print or electronic form. For purposes of this policy, a “coursepack” is a collection of readings and other academic materials that is put together by an instructor for use as primary or supplementary course material.
The rationale for these guidelines is derived primarily from the Guidelines for Classroom Copying, mentioned above, because the reserve “shelf” in these circumstances functions as an extension of classroom readings. (See http://www.copyright.gov/circs/circ21.pdf, page 6).
1. Print and Digital Coursepacks - If you wish to create and distribute a print or digital coursepack for use in your class, you must utilize the services of the Goucher College Bookstore (unless you want to make the coursepack yourself). The college’s subcontractor will obtain all required permissions to produce the coursepack and offers full indemnification for compliance with copyright law for any coursepack it produces. The turn-around time for coursepacks is approximately 4 to 6 weeks, contact the bookstore for more information. If you want to create the coursepack yourself, you must obtain all required permissions. You also assume all responsibility for compliance with copyright law and must comply with the additional conditions listed in paragraph four below.
2. Making materials available electronically - If you wish to make materials available electronically to your students, the college recommends that you load the document(s) to the college’s electronic courseware environment. You may contact the IT Help Desk(x6322) for assistance with this process.
* Materials should not be posted to a faculty member’s web page, unless you are able to restrict access to the web page to the students enrolled in your course, as required by the Classroom Guidelines.
* Permission is required in order to place “digital coursepacks,” out-of-print material, or more than the amount allowed under the Classroom Guidelines into the electronic learning environment. (See http://www.copyright.gov/circs/circ21.pdf, page 6).
3. Placing non-coursepack items on print reserve - If you wish to place a non-coursepack item on print reserve (i.e., ad hoc or supplemental readings used for no more than one semester) in the library, the following steps must be taken:
* Library staff may consult with the Fair Use Committee to seek advice regarding whether the proposed use constitutes fair use. If the committee determines that the proposed use exceeds fair use, library staff will assist you in obtaining permission.
4. Additional Reserve Guidelines - After determining that a work may be placed on print reserve, or in the electronic learning environment, you must follow these additional guidelilnes:
After determining that a work may be placed on print reserve, or in the electronic learning environment, you must follow these additional guidelines:
* The number of copies should be limited or, in an electronic environment, passwords or some other authentication method should be used to ensure that only students enrolled in that class have access to the copyrighted material;
* Duplicated, distributed, or displayed material should always include available bibliographic information;
* Each item placed on reserve must include a notice of copyright (e.g., “Copyright 1990 by Academic Books, Inc.”) if the material falls within the Safe Harbor or Fair Use Analysis, but not if the material is in the public domain;
* Students should not be charged more than the actual cost of copying, producing, or otherwise making the material available; and
* Permission must be obtained for materials that will be used more than one semester by the same instructor for the same course.
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