LBIS is currently reviewing our copyright policies for course reserves, given the increased demand for digital services and the complexity of the relevant copyright laws.  The information listed here is provided as a guide for determining copyright compliance of course items, but will not apply to all cases or uses. Current copyright guidelines for Kenyon College Course Reserve services are based on Title 17, U.S. Code, section 107: the section of copyright law addressing fair use.

"FAIR USE" (Section 107 of Copyright Law)  Each item posted to E-Reserves or Moodle must be evaluated for "Fair Use".  This "Fair Use Analysis Tool" is helpful to determine if an item falls within "Fair Use" and can be posted, or if permission must be sought and paid before posting.   There are Four Factors that the courts use in  determining "Fair Use" for educational institutions:

  • The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
  • The nature of the copyrighted work ( educational versus for profit)
  • The amount and substantiality of the portion used in relation to the copyrighted work as a whole.**
     
      -10% or lesss of the source for books, one article per issue of a journal.
  • The effect of the use upon the potential market for, or value of, the copyrighted work. 

** In the Georgia State case Judge Evans proposed a 10-percent rule to guide decisions about what constitutes fair use in an educational setting. For books without chapters or with fewer than 10 chapters, "unpaid copying of no more than 10 percent of the pages in the book is permissible under factor three," she wrote in her ruling. For books with 10 or more chapters, "permissible fair use" would be copying up to one chapter or its equivalent. **  Kevin Smith , Scholarly Communications at Duke Universty.

http://blogs.library.duke.edu/scholcomm/2012/05/12/the-gsu-decision-not-...

  For more specific amount suggestions see the following:

Please note if you post resources, you are responsible for following copyright law.  The following Libguide is an excellent resource for copyright compliance and open access policies.It is important to note that scanning digital materials is subject to the same laws and guidelines as copying print materials, and that re-posting items found freely on the Internet may still constitute copyright infringement.

What are my options if the items needed for digital reserves fall outside of "Fair Use"?

  • Rightsholders will be contacted and reasonable permission fees will be paid by LBIS if you process your reserves through Access Services.  If you post items on your own you are responsible for copyright compliance and obtaining permission as necessary.
  • Find a similiar item licensed through the Creative Commons http://creativecommons.org/
  • Links to on-line journals or ebooks should be used to avoid copyright restrictions.  License agreements for each journal should be reviewed to see if links to digital  reserves systems are permissible.
  • One or more copies of a Kenyon, Consort or personal copy can be placed on Regular Book Course Reserves.

 Please contact Joan Nielson, Nielsonj@kenyon.edu, or Jennifer Beck, Beckjm@kenyon.edu, for assistance with copyright clearance if you are using digital materials in your course pages.