Access to Copyrighted Materials on Reserve

The policy governing the current electronic reserves, as with all reserves, is based on the provisions of fair use of the United States Copyright Act of 1976. Section 107 of the Copyright Act expressly permits the making of multiple copies for classroom use. In determining fair use there are four factors:

• Purpose: the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit education purposes;
• Nature: the nature of the copyrighted work;
• Amount: the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
• Effect: the effect of the use upon the potential market for or value of the copyrighted work.

Purpose. The Duke electronic course reserves provides access to supplementary course materials in support of the University's academic mission.

Methods of Access. [Updated 2 November 2006]

Course reserves are accessible only through two methods:

1. Blackboard course sites that provide an "E-Reserves" link. Contact Blackboard support if you experience problems with that system. Links to reserves items from non-Blackboard web pages will not work.
   
2. The Library Catalog - sign in and search reserves. Contact Perkins Library Reserves if you have problems accessing reserves though the catalog.

Procedures.

1. The system will permit simultaneous use by multiple authorized users accessible on the network.
2. Authorized users may view, download or print copies from the system. The Duke system stores documents in Adobe PDF (Portable Document Format) files. If accessing from a personal machine the user must download Adobe Acrobat Reader before viewing and printing. Instructions for viewing and printing are included on the web pages for the reserve system.
3. Users may make one copy for private study, personal reading research, scholarship, or education.
4. Complete books and journal issues, as well as excerpts judged too long to comply with fair use, will not be scanned for the e-reserve system.
5. On a preliminary or introductory screens the system displays a copyright notice, consistent with the notice described in section 108 of the Copyright Act.

   NOTICE: The copyright law of the United States (Title 17 U.S Code) governs the making of photocopies of copyrighted materials. The person using this system is liable for any infringement.

6. The library will not place materials on electronic reserves if it judges that the nature, scope or extent of the material is beyond the reasonable limits of fair use.
7. Materials will be removed from access on the system at the conclusion of the course.

Electronic copying and scanning of copyright-protected works for library reserve systems and distance learning are uninterpreted areas of the law which may be addressed by the Supreme Court or future revisions of the copyright law. Perkins Library and University Counsel will monitor legal developments concerning fair use to ensure that the library services are in compliance with U.S. Copyright Law.