Library and Information Services (LIS) makes a wide range of materials readily available for the non-profit, educational use of SIUE students through its Library Reserves service, but materials must be provided within the context and limitations of copyright law.

In submitting requests for e-Reserves, faculty members are asked to adhere to both established deadlines and also to requirements for accurate and complete citation information, needed by reserves staff for obtaining copyright permission. This will help to decrease processing time and reduce copyright clearance costs.  LIS will place material requested by instructional faculty and staff on electronic reserves under the following conditions:

• Material placed on electronic reserve must serve the needs of a specified educational program.
• The material will only be available via the electronic reserve system during the term or semester in which the course is given.
• There will be no charge to access electronic reserve materials.
• User authentication methods have been implemented to limit access only to members of the SIUE community.
• Complete books will not be scanned into E-Reserves.

Material for E-Reserves:

• Works which are in the public domain may be placed on electronic reserve without any limitations.
• Material for which the instructor owns the copyright, e.g., lecture notes, syllabi, practice exams, etc., will be automatically scanned and placed on e-Reserves.
• If the Library already owns the requested copyrighted material in one format, be it print or electronic, it will be made available for reserves usage in that format only.  No further costs will be incurred.
• If the Library owns the requested copyrighted material in multiple formats, i.e., in print and electronic, the instructor may choose which format to make available.
• If LIS has a license to a digital version of copyrighted material, the citation and link to the electronic version of the material will be added to the electronic reserve system, providing direct access to the requested material.
• If the Library does not hold the requested copyrighted material:
• Within the scope of Fair-Use copyright guidelines [see below], the Library will scan and make the requested material available electronically.
• If the requested material is available for purchase in an electronic format, the material will be purchased or licensed if it can be done at a reasonable cost.
• If the requested material cannot be purchased electronically, the Library will pursue the possibility of obtaining copyright permission to scan and make the material available electronically, if the permission cost does not exceed $200 per course.
• If the Library is unable to obtain the requested item(s) electronically, or if the cost is prohibitive, then the appropriate subject librarian will work with the requesting faculty member to identify related or appropriately similar material(s) to be obtained or used.

Fair-Use Guidelines for Scanning or Copying Materials for Electronic Reserves:

Section 107 of the U.S. Copyright Law permits the making of copies of copyrighted material for classroom and library reserves use as long as the four factors determining fair use are considered: the purpose of the use; the nature of the work being copied; the amount of the work being copied and the effect of the copying on the market for the original. LIS staff will scan or copy copyrighted materials for placement on electronic reserve without obtaining copyright permission so long as they do not exceed the guidelines listed below:

• First-time use of material by that professor for that particular course.  Library staff will not scan or copy material which has previously been used if copyright permission for reuse for that course has not been obtained.
• One article from a journal or newspaper issue.
• One chapter of a book.
• A prose excerpt that doesn't exceed 10% of the total work.
• One chart, graph, diagram, drawing, cartoon or picture from one book or journal issue.

Faculty who believe these “safe harbor” fair use minimum guidelines are too restrictive may elect to pay, or request their department to pay, the copyright holder for copyright permissions.  These fees can be very steep, however. Typically, the fee is based on the cost of the book multiplied times the number of students in the course for each instance of use that exceeds the fair use guidelines.  For example, the cost to place four chapters of a $50 book on reserve for a class of 15 students would by 4 X $50 X 15 or a total of $3,000 per semester.

Student Privacy

Original or copied work produced by students, or any items which specifically identify students by name or image, must include written permission from the students indicating that they have been made aware of this request.  Removing names or other identifiers from student work does not relieve the instructor from the responsibility of obtaining copyright permission. For more information about FERPA, contact Laura Strom, University Registrar.

Disposition of Digitized Reserve Materials

At the end of each semester or term, all copyrighted material in electronic reserves will be unavailable.

Electronic Reserves Copyright Notice

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. 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 electronic transmission of reserve materials is used for purposes in excess of what constitutes "fair use", that user may be liable for copyright infringement.