Content: Library Reserves
Frequently Asked Questions about E-Reserves
From The Association of American Publishers (AAP)
Applying Fair Use in the Development
of Electronic Reserves Systems From several leading library associations
Fair Use in the Development of Electronic Reserves Systems
The Following guidelines were developed from a joint effort of
and provided courtesy of: The American Association of Law Libraries
(AALL), The American Library Association (ALA), The Association
of College Research Libraries (ACRL), The Medical Library Association
(MLA) and The Special Libraries Association (SLA).
- The character of the use. Libraries implement
e-reserves systems in support of nonprofit education.
- The nature of the work to be used. E-reserve
systems include text materials, both factual and creative. They
also serve the interests of faculty and students who study music,
film, art and images. Librarians take the character of the materials
into consideration in the overall balancing of interests.
- The amount used. Librarians consider the
relationship of the specific amount used to the whole of the
copyright owner's work. Because the specific amount of a copyrighted
work that a faculty member assigns depends on many factors (such
as its relevance to the teaching objective and the overall amount
of material assigned), librarians may also consider whether
that specific amount – or even the entire work –
is appropriate to support the lesson or make the point.
- The effect of the use on the market for or value
of the work. Many libraries limit e-reserves access
to students within the institution or within a particular class
or classes. Many also use technology to restrict and/or block
access to help ensure that only registered students access the
content. Libraries generally terminate students' access to electronic
systems at the end of a relevant term (i.e., semester, quarter
or year) or after the students have completed the course.
- Many e-reserves systems include core and supplemental materials.
Limiting e-reserves solely to supplemental readings is not necessary
because potential harm to the market is considered regardless
of the status of the material.
- Libraries may determine that if the first three factors clearly
show fair use, the fourth factor does not weigh as heavily.