Getting Started with ERes
Information for Faculty
ERes from Docutek is an easy to use Electronic Reserve system. Using ERes, faculty
can offer their students access
to reserve materials online. The readings are password-accessible to students on or off-campus.
If you have questions please contact the library.
All faculty and staff using this system must read the
Copyright, Fair Use, and ERes
information below. Faculty who wish to have library materials placed
on ERes can download the "Electronic Reserve Request Form"
and submit the completed form to the Circulation desk in the library. Individual
faculty are responsible for obtaining permission from publishers for materials
that do not comply with Fair Use. Form letters for permission from
publishers can be downloaded below.
Copyright, Fair Use, and
ERes
Course materials that can be placed on electronic reserve without restrictions
include materials you created for your class and materials in the public domain (see
below). It
is recommended that you password your course page(s) so that only your students have
access. All course pages that contain copyrighted material MUST be password protected.
Copyrighted Works
A work is considered copyrighted if it is original and is in a fixed medium. Most
published material, not in the public domain, is copyrighted. A work does not need to be
registered with the U. S. Copyright Office in order to be copyrighted. It is automatically
copyrighted if it meets the originality and fixed medium requirements. Under this
definition, even unpublished works, material found on web pages, and students' papers
can meet the originality requirement. Student papers are also protected by the Family
Education Rights and Privacy Act and cannot be placed on electronic reserve without
permission.
Fair Use
U.S. Copyright Law (Title 17 of U.S. Code) grants exclusive rights to the owners
of copyrighted work to determine if and how their works are reproduced and used.
However, limitations to these exclusive rights as they pertain to the educational use of
materials are provided in the Fair Use doctrine. Fair Use allows for the reproduction of
copyrighted work without permission but only if the following criteria are considered:
- The purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;
- The nature of the copyrighted work;
- The amount and substantiality of the portion used in relation to the copyrighted
work;
- The effect of the use upon the potential market for or value of the copyrighted
work.
In light of these four criteria, it is important to keep in mind:
- All four criteria need to be applied and balanced.
- Nonprofit educational use favors Fair Use.
- Works of fiction and other creative works such as visual art and music, generally, do
not meet Fair Use criteria #2.
- Generally, there is a one-semester limitation for reserve material; however, the above
criteria of Fair Use still apply.
- If the library owns a copy of the work in question, that favors granting Fair Use in light
of criteria #3 and #4.
- The amount of a work (i.e. chapters of a book) needs to be balanced with the effect on
the market value.
- There is no set percentage to follow, but the amount of a work needs to be factored in
with the other criteria, particularly #4.
- Linking to a full-text article in one of the library's licensed full-text databases is
preferable to scanning a print article and uploading it to electronic reserve. However, you
must be certain that the journal is available in a database, the database is accessible
off-campus, users can be authenticated as Long Island University students, and the links are
durable or persistent. If you need assistance locating online full-text journals and creating
durable links, please contact the Reference Department (x2305) in the library.
- The library retains the right to determine if materials placed on electronic reserve meet
a reasonable interpretation of Fair Use criteria. If materials do not meet the criteria, then
the appropriate permissions will be sought from the copyright owners or the materials
will be removed.
Additional information concerning Fair Use can be found in the U.S. Copyright Office
Publication Circular 21 - Reproduction of
Copyrighted Works by Educators and
Librarians (pdf format).
Public Domain
Works in the public domain are free to use without limitations. All works published
before 1923 are considered in the public domain. Works produced by government
employees are generally in the public domain, although there can be exceptions.
Obtaining Permission: When and How
If the materials you are placing on electronic reserve do not fall within Fair Use, you
must obtain permission from the publisher. You can obtain form letters from the library
or the links above. It is recommended
that requests for permission from the publisher be done well in advance of
placing materials on electronic reserves. Publishers are slow to respond and several
requests may be necessary.
It is the responsibility of each instructor to obtain permission for any materials placed on
electronic reserve that do not meet Fair Use criteria and to make arrangements for the
payment of any fees imposed by the publisher.
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