Copyright Guidelines Summary

Books

One chapter (or 10%) from a book may be placed on reserve unless the instructor received the copyright holder's written permission and acknowledged receipt when submitting materials to reserve.  This applies to edited collections of readings and essays because each reading is considered a chapter.

Journals and Newspapers

Only one article of the content of an issue of one journal may be placed on reserve unless the instructor received the copyright holder's written permission and acknowledged receipt when submitting materials to reserve. Newspapers are treated the same as journals.

Multiple Copies

For the academic year, only two copies of photocopied material is allowed for every 25 students enrolled in a class, or any fraction thereof, but no more than 5 copies per class. The photocopy should contain the copyright statement.

US Government Publications

Most government publications are in the public domain, i.e., they are not copyrighted, allowing unlimited use and reproduction.

Course Packs

Up to 2 copies of an authorized course pack (produced by Print & and Mail Center) may be placed on reserve. The course pack must be for the current semester only and produced under the guidelines of current copyright law. Course packs from previous semesters will not be placed on reserve unless copyright permission has been extended. Course packs will NOT be scanned for electronic reserve. For more information on course packs and course pack copyright guidelines, please contact Print & and Mail Center, x62960.

Copyright Acknowledgements

Everyone submitting materials to the David W. Howe Memorial Library Reserve Department must agree to the two following statements. If an instructor cannot abide by these guidelines, the library cannot provide access to the course materials without violating the US copyright law US Code, Title 17 as it pertains to libraries. (For further information, please refer to the US Code Title 17 sect. 108 and UVM Copyright Policy V.2.12.1).

1. I acknowledge having read the David W. Howe Memorial Library Reserve Copyright Guidelines and agree that the materials I submit to the David W. Howe Memorial Library Reserve Department are in compliance with this interpretation of US copyright law
2. When required, I received written permission from the copyright holder to provide access to the materials I am submitting to the David W. Howe Memorial Library Reserve Department.

Fair Use Guidelines 

Content courtsey of University of Michigan Libraries.

Fair use allows certain uses of copyrighted material without permission from the copyright holder. There are four factors to consider when determining whether your use is a fair one. You must consider all the factors, but not all the factors have to favor fair use for the use to be fair.

The four fair use factors are

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

Fair use favors “purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, [and] research.” While many uses for educational purposes are fair, not all are. You need to evaluate your use each time you are reproducing copyrighted material — to show in your class, to hand out copies, to include in your writing, or to post on your course website.

Fair use is codified at 17 U.S.C. § 107.

Understanding the Four Factors:

First Factor: "The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes"

• Uses that fall under one of the favored purposes listed in the fair use statute (17 U.S.C. § 107) or have a nonprofit educational purpose will weigh in favor of fair use. Favored purposes include scholarship, research, criticism, and comment.
• Uses that are commercial weigh against fair use, while uses that are noncommercial weigh in favor of fair use.
• Uses that are transformative weigh in favor of fair use. A use is transformative when the use adds new meaning or message to the original work, giving it a new purpose. For example, imagine you are writing a scholarly article about the impacts of advertising directed to children. You include a toy advertisement and analyze how it reached a child audience. The original purpose of the advertisement was to increase demand for the toy, while your purpose is for scholarship and critique, making your use transformative. Quoting another scholar's analysis of the advertisement would not necessarily be transformative, though it is still often fair use.

Second Factor: "The nature of the copyrighted work"

• If the work used is creative, that will weigh against fair use. If the work used is factual, that will weigh in favor of fair use. The outcome of this subfactor varies depending on the work used.
• If the work used is unpublished, that will weigh against fair use. However, the fair use statute explicitly states that the unpublished nature of a work will not bar fair use if the use is otherwise fair. The outcome of this subfactor varies depending on the work used.

Third Factor: "The amount and substantiality of the portion used in relation to the copyrighted work as a whole"

• Using all or much of the original work will weigh against fair use. The outcome of this subfactor varies depending on the use.
• Using the most important part of the original work (the "heart") will weigh against fair use, even if it is only a small amount of the work. The outcome of this subfactor varies depending on the use.
• The third factor is neutralized if the amount used is necessary for a transformative purpose, even if the entire original work is used. For instance, the third factor would be neutralized in the use of the toy advertisement described above — all of the advertisement has to be used in order to achieve the transformative use.

Fourth Factor: "The effect of the use upon the potential market for or value of the copyrighted work"

• Uses that decrease demand for the original work by providing a substitute will weigh against fair use.
• Uses that decrease demand for the original work by criticizing it (as with a negative film review) have no impact on the fourth factor.
• If the licensing market for the use you are making is "traditional, reasonable, or likely to develop," that will weigh against fair use.

Please refer to the FAQ section of the University of Michigan Fair Use reserch guide for helpful examples.

The University of Vermont Libraries attributes the content regarding Fair Use to the University of Michigan Libraries Fair Use research guide.  The University of Michigan provides these guidelines subject to a Creative Commons Attribution 4.0 license.

Comments? Questions? Concerns? Contact Reserve Department, David W. Howe Memorial Library, 656-2023. 

last rev. 07/22

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