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Copyright and Fair Use: Course Reserves

Reserves Policies

Mikkelsen Library Reserves Policy

8/20

General Statement

Mikkelsen Library’s Reserves Policy assures the use of copyrighted works in compliance with U.S. Copyright Law, Title 17 of the United States Code to protect the intellectual property rights of copyright holders. Due to ongoing changes in technology, course content delivery, and educational practices the library has developed this Copyright Guide to provide assistance in determining copyright compliance.

Electronic Reserves

  1. Mikkelsen Library electronic reserve access is restricted to Augustana University and Sioux Falls Seminary faculty, current students, and staff authorized through the learning management system (LMS).
  2. All copyrighted material must cite full bibliographic information on the first page.
  3. Material in electronic reserve will be accessed only by course name or instructor’s name. The title and author will not be searchable.
  4. At the end of each semester, all material on electronic reserve will be removed unless it does not fall under copyright restrictions or copyright permission has been granted.
  5. Faculty must request e-reserves each semester to allow library staff to evaluate copyright compliance.
  6. Materials can be placed on reserve for one semester while waiting for copyright permission to be granted.
  7. If requested by faculty, Mikkelsen Library will seek copyright permission via the Copyright Clearance Center and inform the faculty of any cost. With faculty approval, the copyright permission fee will be billed to the department.
  8. Students will not be assessed any fee.
  9. Mikkelsen Library reserves the right to refuse to place any material on electronic reserve, which it feels may violate "fair use." Contact Krista Ohrtman– 274.4921 – for general copyright information or questions regarding a specific item.

Material That May Be Placed On Electronic Reserve without Obtaining Copyright Permission

Non-copyrighted material such as:

  • Course materials owned by the instructor including exams, lecture notes, and syllabi
  • Government publications

Copyrighted material limited to:

  • Electronic links to articles, e-books, and streaming audio and video from Mikkelsen Library’s subscription databases. For more information, contact Lisa Brunick – 274.4921 – lisa.brunick@augie.edu
  • One article from a journal issue
  • Up to, but not exceeding 10% of the content from a book
  • Works whose copyright has expired (public domain)

Material That May Be Placed On Electronic Reserve after Obtaining Copyright Permission

Copyright permission must be obtained for:

  • Materials to which the library does not have electronic access
  • Materials not owned in print by either the library or the faculty member

Copyrighted materials (see above) that are used in subsequent semesters

  • Multiple articles from the same print journal
  • Use of more than 10% of a book

NOTE: We will not put an entire book on electronic reserve.

E-Reserves Procedure

Library staff will

  • Scan book chapters or journal articles and provide links for use within the faculty’s course in the learning management system.
  • Create (or assist in creating) links to articles, e-books, streaming video from one of the library’s subscription database for use within the course site.
  • Please allow library staff 72 hours to process e-reserve requests. Extra time may be required at the beginning of the semester due to the high volume of requests
  • Requests should be sent to Lisa Brunick (lisa.brunick@augie.edu).  Faculty will receive an e-mail when the links are available for viewing.

Traditional Reserves Policies

For films, recorded music, and books, traditional reserves may still be the best option. Personal or library-owned copies of books, videos, DVDs or CDs may be put on reserve. For security reasons, the library will sensitize personal copies, which will not damage the item.

For traditional reserves, the loan periods are: two hours, two hours with overnight check-out, 1 day or 2 days. Items will be removed from reserve at the end of each semester. Faculty must place a reserves request each semester for traditional reserve.

We do not place reference or Interlibrary Loan materials on reserve. Because of space limitations, large numbers of books may not be placed on reserve. Please contact Ginger Konz (605.274.4921)

Multimedia

Mikkelsen Library uses the following additional guidelines when considering fair use of multimedia:

  • Licensing may have already been purchased by the library (e.g. streaming media such as Films on Demand)
  • Copying or digitizing, even if covered by fair use, must be done from a copy legally owned by the library or faculty member (e.g. no off-air recordings).
  • Restricting the media to only enrolled members of a course as well as prohibiting the download and/or copying of the material.
  • Using only those amounts needed to accomplish the teaching objective. In some cases, use of an entire creative work can fall under fair use (e.g. music classes where listening to the entire work is essential). 
  • When necessary, the library will assist faculty in obtaining copyright permission or arranging the purchase of a license.  Any associated fees will be billed to the department.

Contact Craig Johnson (605.274.4920) for more information