Fair Use within Library Services
As stated in Section 107 of the US Copyright Act, educational, not-for-profit institutions are afforded special exemptions from copyright law. These exemptions, known as the Fair Use guidelines, pose questions for determining whether making a copy will be fair depending upon how the copied material will be used:
- What is the character of use? For educational, not-for-profit, or commercial use?
- What is the nature of work to be copied? Factual, published, or imaginative?
- What is the amount to be copied in proportion to the original? A small amount or more than that?
- What is the market effect of copying? Will it compete with sale of original work?
Fair Use Interpretation for Campbell Library Reserves:
- a single copy of an article from a periodical or newspaper
- a single chapter from a book
- a short story, essay or poem
- a graphic representation
- a link to a full-text article through a subscribed database
We will seek permission in the following cases, which exceed Fair Use:
- Materials used repeatedly [more than 1 semester] by the same instructor for the same course.
- Materials that exceed the amount of work (single chapter or article) rule.
- Materials that infringe upon commercial rights of the copyright owner.
The Library will seek permission and pay royalties for those Reserve submissions exceeding Fair Use guidelines. We will not pay more than $50 for a single document, and we will not spend more than $100 for a single course. Library staff will work with faculty to determine alternatives when costs become prohibitive or when copyright permission is denied.