May a library make multiple copies of clinical guidelines that are published in an association publication or a professional journal and put the copies on reserve?

Clinical guidelines may or may not have copyright protection. It is possible that the organization that creates the guidelines does not pursue its copyright rights, but assume that they are copyrighted. The guidelines are then treated just as any other article from the journal or publication with regard to reserves. The ALA Reserve Guidelines from the Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use (see unc.edu/~unclng/ALA-modelpolicy.htm) would permit reproduced copies being placed on reserve for the first term, but for subsequent semesters permission should be sought.

A faculty member attended a workshop about grant writing in a nearby city, and he wants to put on reserve the manual they used that day. It is a large manual that says nothing on it about being copyrighted. Is there any problem with putting the manual on reserve as first time use material?

Regardless of whether or not the manual contains a notice of copyright, it is copyrighted. If the library is placing the faculty member's original copy on reserve and not photocopying or otherwise reproducing the manual, then there is no limitation on how long it may remain on reserve. If the faculty member is asking the library to photocopy a small portion of the manual and then place that photocopy on reserve, the one-semester limitation without permission applies. The library certainly should not reproduce the entire manual for reserve.

A faculty member would like several popular videos placed on reserve. (1) May a library purchase the videos so that a faculty member can show them in class? (2) May the library lawfully put these titles on reserve so that students can check them out for viewing either in the library or at home?

The answer to both questions is yes. Section 110(1) of the Copyright Act permits a nonprofit educational institution to perform videos in a face-to-face classroom if showing the video to the class is a part of instruction. The school could either purchase or rent the videos that are shown in the classroom. Note, however, that performance of entire videos in distance education classes is not permitted without a license to do so according to section 110(2). (See chapter 6, "Performance and Display: Nonprofit Educational Institutions.")

Only public performances are reserved for the copyright holder. Placing videos on reserve so that students may check them out for viewing them either at home or in individual viewing stations in the library is not a problem. These are private as opposed to public performances. If the library should conduct a public performance of videos, then permission must be requested and royalties paid.

In an academic library's reserve system, there is an article that several different faculty members want on reserve for a variety of different courses. Does the library need to get separate copyright permissions to use the article for each course, or just one?

Just one permission request is needed if the request for permission is broadly worded and is granted. But sometimes the publisher will ask how many classes or how many students will access the reserve copy and will charge accordingly. If the college has a campus-wide license from the Copyright Clearance Center, reserve copies are covered, both photocopies and digital copies for electronic reserves.

A professor has asked the campus copy services to create a reader for him. Copy services is the unit at the college that gets copyright permissions for readers or course packs and then produces them. The professor is hoping to have 70% of a book reproduced to be included in his reader. If copyright permission is granted to reproduce this material for the reader, does this cover his putting this same material in the electronic reserves system, which is password protected for students in the class?

Although there is not much functional difference in a reader and e-reserves, permission to reproduce materials for a print reader/course pack does not generally cover e-reserves. Separate permission would have to be obtained. The Copyright Clearance Center provides permissions both for photocopying for readers/course packs and for e-reserves, but the fees are separate. The CCC offers a campus-wide license that covers both, however.

 
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