Course Reserves Copyright Guidelines

The Reserve staff in the Libraries process Reserve listings submitted by Binghamton University faculty and other BU instructors. Materials are processed based upon the fair use provisions of the United States Copyright Act of 1976.  When Library materials are purchased it is with the understanding that there will be multiple users. Subscription and licensed materials often include a premium to support these users.  The principle of “fair use” is established in 17 USC Section 107.  According to this principle, the reproduction of copyrighted works for certain limited, educational purposes does not constitute copyright infringement.  The following four factors are considered in the determination of fair use:

    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.  The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

The BU Library Reserves facilitate provision of copies for classroom use by students. These guidelines have been established to assure conformity with the fair use provisions of the copyright law and the efficient processing of lists.

Last Updated: 8/19/13