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Copyright Guidelines for Reserve Materials

The Old Dominion University Libraries Copyright Policy supports and advances the Constitutional principle that the fundamental purpose of copyright is to promote the progress of science and the useful arts through the broad dissemination of information in a manner consistent with current copyright law. The Old Dominion University Libraries' course reserve system serves to provide required readings and other materials that support the instructional requirements of specific courses. Essential to fulfillment of the fundamental role of the Libraries in the university setting is the confident and lawful exercise of legitimate use rights as set forth in the fair use provision, Section 107 of the United States Copyright Act of 1976.

Section 107 Fair Use:

For institutions of higher education, the cardinal portion of the Copyright Act of 1976 is Section 107, the fair use provision. This section sets forth the factors that must be evaluated in determining whether a particular use, without prior permission, is a fair, and therefore, permitted use. The legitimate and lawful application of fair use rights provides the necessary and Constitutionally envisioned balance between the rights of copyright holders versus societal and educational interests in the dissemination of information.

Section 107 is as follows:

Notwithstanding the provisions of 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords 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. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

  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;
  4. The effect of the use upon the potential market for or value of the copyrighted work.

All collections of the Old Dominion University Libraries-regardless of format-are purchased by the University for the nonprofit, educational use of students and faculty. All library materials are acquired with the understanding that there will be multiple uses of a limited number of copies. The library frequently pays a premium institutional subscription price for journals, that is many times the individual subscription price, for the privilege of supporting multiple academic users.

About Reserves:

Faculty may complete a Reserve Request Form to place materials on Reserve.

The Reserve Area contains materials placed on reserve by Old Dominion University faculty as assigned or required readings for their courses. Registered Old Dominion University students and faculty members can check out all items for short-term use.

The reserve collection includes:

  • Books owned by the Old Dominion University Libraries being used as assigned or required readings for specific Old Dominion University courses.
  • Faculty members' personal copies of materials for their courses
  • Tests and problem solutions for selected Old Dominion University courses
  • Art and Music Library reserves are placed on reserve in the branches of the Diehn Fine and Performing Arts building

Copyright Guidelines for Book Reserves:

Fair use ultimately depends on the specific facts surrounding each proposed use, the following guidelines are intended to provide direction for use of the Old Dominion University Libraries Book Reserves.

Guidelines:

  1. All materials placed on reserve will be at the initiative of faculty for the non-commercial, educational usage of students.
  2. Whenever possible, materials for reserve will be owned by the faculty member or the Libraries.
  3. At the end of each semester, reserve materials belonging to faculty members will be returned to them.
  4. There will be no charge for access to reserve materials.