Ramsey Library Policies
The library policy for electronic reserve reading services is developed from the fair use provisions of United States Copyright Act of 1976. Section 107 of the Copyright Act clearly permits the making of multiple copies for classroom use. Such educational copying is one of several examples of uses which do not require the payment of a royalty or the permission of the copyright owners provided that the circumstances of the use are fair as assessed by the four factors in section 107 of the Copyright Act, the text of which is as follows:
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, is not an infringement of copyright.
The University of North Carolina System is committed to complying with all applicable laws relating to copyright, and supports the responsible, good faith exercise of full fair use rights, as codified in 17
U.S. Code section 107, by faculty, librarians, and staff in furtherance of their teaching, research, and service activities.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
The collections of UNCA’s Ramsey Library are purchased by the university for the nonprofit educational use of the UNCA academic community. All library materials are acquired with the understanding that there will be multiple uses of a limited number of copies. Libraries frequently pay a premium institutional subscription price for journals, which is considerably higher than the individual subscription price, for the privilege of supporting multiple academic users. The sole purpose of the electronic reserve system will be to facilitate the making of multiple copies for classroom use by students. Although fair use ultimately depends on the specific facts surrounding each proposed use, the following general procedures provide direction for the use of Ramsey Library’s Electronic Reserves:
Electronic copying and scanning of copyright-protected works for library reserves are indistinct areas of the law which may be addressed by the Supreme Court or in future revisions of the copyright law. Ramsey Library will continually monitor legal developments which may affect the fair use analysis of electronic reserves to ensure that library services are in compliance with copyright law. For more information, consult the UNCA Intellectual Property/Copyright Web site.
Last revised: 8/12/13
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