April 18, 1996
TO: University Library Committee
FROM: Deborah Carver
SUBJECT: Copyright and Reserve Reading
Several months ago, library staff examined our procedures for complying with the copyright law in handling reserve materials. Currently, the UO Library takes a very lenient approach with regards to copyright, fair use, and reserve. No special steps are taken to acquire permission from the publisher before placing articles on reserve. We assume that faculty have complied with copyright law and accept anything submitted for reserve. We do not restrict the number of copies, nor do we refuse to accept the same title in subsequent terms.
Research Libraries have followed different interpretations of the fair use guidelines and as a result, follow different procedures regarding reserves. Specific standards may be based on the Classroom Guidelines, the ALA Model Policy, or another fair use interpretation. The UO (also Berkeley and Wisconsin, for example), have adopted the least restrictive practice. The University of Virginia takes a middle-of-the-road approach. They require a signature from faculty indicating that the copies are in compliance and/or permission has been granted by the publisher. They may also refuse to accept certain reserve requests that may violate copyright, e.g. anthologies. Other libraries (Dartmouth, Notre Dame, Davis) have more restrictive polices and practices. These libraries have placed limits on multiple copies, get blanket permissions from publishers before accepting items on reserve, or require evidence of special permission.
The UO Library is prepared to follow any guidelines that are deemed necessary in accordance with university policy, but we also want to ensure the easiest and quickest access to information which supports classroom instruction. A more liberal interpretation of the fair use guidelines is obviously more supportive of classroom instruction and easier for the library to administer. If the library's policies/practices should be more restrictive than they are presently, I would favor a system similar to the University of Virginia's, where each faculty member gives the library his/her assurance of copyright compliance.
Maintained by: Sheila Gray, skgray@uoregon.edu