Course Reserves  Tags: reserves course_reserves online_course_videos electronic_reserves brandeis_library_information latte_videos videos  

Brandeis University is committed to full compliance with the laws governing the use of copyrighted material for academic purposes. Compliance with the copyright laws, including the doctrine of fair use, promotes progress in the arts and sciences and helps the University to fulfill its academic mission.

The Library adheres to section 107 of the copyright law, the Fair Use Doctrine, as the guiding principle behind the Library’s reserve collections. This page will provide basic information on the topic and provide links to more complete information should you need it.

The complete Reserve Copyright Policy can be viewed here.

Materials that can be placed on reserve without obtaining copyright permission:

• Your lecture notes, exams, and course materials which you’ve created

• Publications of the US Government (there are exceptions)

• Published works for which copyright has expired or does not apply, i.e. works in the Public Domain

Materials that may require copyright permission before being placed on reserve:

• Journal articles, or excerpts from them

• Books, or excerpts from them

• Musical works, scores, lyrics, and sound recordings

• Pictorial/graphic works, art, sculpture, photographs

• Audiovisual works, motion pictures, videos;

Typically, copyright permission must be obtained when:

• When a journal article, book chapter or a portion of a work is on reserve for consecutive semesters.

• When multiple articles from one issue of a journal are needed for reserve during the same semester.

• When multiple chapters from a book are needed during one semester.

US copyright law’s fair use doctrine allows individuals to use portions of a copyrighted work under certain circumstances without obtaining permission. To determine whether or not a proposed use qualifies, there are four factors to consider:

1. For what purpose would the work be used?

Educational, non-profit use weighs in favor of fair use

2. What is the nature of the copyrighted work?

Factual, scholarly works weigh in favor of fair use

3. How much of the work would be used?

Small portions of the work (a single article or chapter) weigh in favor of fair use

4. What effect on the market for that work would the use have?

No effect or a minimal effect of the market for the work weighs in favor of fair use

Applying these four factors is not always straightforward, and all four factors need to be considered when determining if fair use applies.

The following websites offer fair use checklists that may help you apply the fair use doctrine to individual cases:

Indiana University Checklist for Fair Use (PDF)

Copyright Advisory Group's Fair Use Checklist

What if Fair Use does not apply?

The Library will request permission for reserve use from the copyright owner or its representative. If permission is granted, the Library will pay reasonable fees charged by the copyright owner. If permission is denied, the Library will withdraw the item from reserve use. All letters of permission received and evidence of fees paid will be kept on file.

This is a guide to Brandeis University's copyright policies and guidelines. You'll find information on: reserve copyright policy @ Brandeis, copyright considerations for reserve naterials, fair use considerations.