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Reserve Overview

Library Reserves and Fair Use Information

The IUP Libraries’ Course Reserves services provide access to course readings and other materials for credited educational programs at IUP. They are printed or photocopied materials selected by faculty for use in a specific course. Reserve materials can include books, textbooks, book chapters, journal articles, old exams, professor’s notes, and homework solutions necessary for course work. Course reserves are housed at the Circulation Desk in Stapleton Library and circulated to students as directed by faculty.

Books and Media

Original copies of books, VHS tapes, DVDs, and CDs published at the direction of the copyright holder or materials created by the professor (as copyright holder) already comply with the copyright policy and can be put on reserve for whatever length of time the professor chooses by filling out either a Book Reserve Form or a Media Reserve Form.

Other Materials

Copies of materials other than those stated above must either have the written permission of the copyright holder or fall under the Fair Use guidelines of copyright law.

Faculty may obtain permission in writing from the copyright holder(s) to use materials for an explicitly stated purpose. Publishers generally have established copyright clearance offices and standard practices to allow for uses in excess of legal limitations. Frequently, publishers will not ask for payment, and all that is required is a written request for permission to use materials for classroom or reserve purposes. If permission is granted for usage of an item, the Library will need a copy of the permission letter or e-mail for our files. The usage time frame will be followed as per the publisher’s determination.

For all other items, it is the faculty, staff, and GA’s responsibility to make sure that photocopied items placed on reserve fall under fair use as explained in Title 17, section 107 of the Copyright Law of the United States. These items must be submitted with a Photocopy Reserve Form along with a signed Reserve Checklist for Fair Use.

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted materials. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be used for any purpose other than private study, scholarship, or research. If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of fair use, that user may be liable for copyright infringement.

Description of the Four Factors for Fair Use

Consider what the work will be used for. Will it be used for education, scholarship, comment, research, or criticism? If the work will be used for any other purpose than those listed above, copyright permission must be acquired.

Once the use is determined, a Reserve Checklist for Fair Use should be used in order to decide if the purpose of use, the nature of the work, the amount of work being used, and the effect of the use on the potential market qualify the work for fair use.

  • Purpose: Fair use is more likely to apply when a work is used for a nonprofit, educational purpose such as teaching, research, scholarships, criticism, or comment. The use must also be transformative or have a productive use. In other words, the work is used to be commented on, criticized, remade as a parody, or repurposed so that the main idea behind it can be more easily identified. In addition, the work must have some type of restricted access so that only a specific group of people, such as students, are able to access it.
  • Nature: In order for a work to fully favor fair use, it must be a published work that is factual, or nonfiction, and be important to the course objectives. Consumable works, such as standardized tests and workbooks, will never qualify for fair use.
  • Amount: In order for a work to fully favor fair use, it must be a small quantity of the work that is no more than necessary for its educational purpose, and the portion may not be the central part, or “heart,” of the work which would weigh against fair use.
  • Effect: The effect of the work refers to the effect the use of the work will have on the potential market. In other words, will the use of the work cause an economic loss for the copyright holder? In order for a work to fully favor fair use, it must have been lawfully acquired, have no significant effect on the potential market, be no longer in print, or have no similar product on the market by the same copyright holder, and there can be only one or few copies made of the work.

If favoring fair use has more checks on the checklist, then the item is most likely fair use and may be used without copyright permission. However, if there are more selections for opposing fair use, copyright permission must be obtained before it can be used.

Library Submission Guidelines For Items Favoring Fair Use

  • No more than 10 percent of the work if book has 10 chapters or less; one chapter for books that have more than 10 chapters; and the portion used is not “the heart of the work.” Only submit items that are scholarly nonfiction works (more informational than creative in nature).
  • Only one article from any given journal issue.

If the Reserve staff feels that an item does not meet fair use requirements, you will be contacted regarding that item.

    Joyce Piper, Reserve Supervisor: 724-357-4717, jpiper@iup.edu

    • IUP Libraries
    • Stapleton Library, Room 203
      431 South Eleventh Street
      Indiana, PA 15705
    • Phone: 724-357-2340
    • Fax: 724-357-4891

    Stapleton Library Hours

    Sunday: Open at 11:00 a.m.
    Monday–Thursday: Open 24 hours
    Friday: Midnight to 7:00 p.m.
    Saturday: 11:00 a.m.–7:00 p.m.

    Exceptions to Regular Library Hours