The copyright law of the United States (Title 17, U.S. Code) governs the making of reproductions of copyrighted materials. The Classroom Guidelines from the House Report on the Copyright Act of 1976 shall be followed when determining what may or may not be digitized for electronic reserves. These guidelines suggest the educational applications for the fair use factors. The Fair Use Factors are outlined in Title 17 U.S. Code, Section 107. In determining whether the use made of a work in any particular case is a fair use consider:

• The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
• The nature of the copyrighted work.
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
• The effect of the use upon the potential market for or value of copyrighted work.

All of the above factors must be considered and each fair use determination will be based upon the facts of the specific request.

The following Electronic Reserves and Copyright Guidelines have been established:

• The Electronic Reserves System will be limited to faculty, staff and students.
• The following copyright notice will be affixed to each document in the Electronic Reserves System: "NOTICE CONCERNING COPYRIGHT RESTRICTIONS The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproduction of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to used for any purpose other than private study, scholarship, or research. If electronic transmission of reserve material is used for purposes in excess of what constitutes "fair use", that user may be liable for copyright infringement. HACC reserves the right to refuse to accept a copying order, if in its judgment, fulfillment of the request would involve violation of copyright law."
• Material in the Electronic Reserves System will only be accessed by course name, course number or professor name. The title or author will not be searchable which will help to ensure that the main users of the material will be students who are enrolled in the class.
• The faculty member must obtain permission for digital reproduction of copyrighted materials to be placed on reserve and accept legal liability. Faculty are encouraged to contact one of the reserve coordinators listed below for assistance in obtaining copyright clearance and complying with fair use provisions of the copyright laws. While waiting for permission, the Reserves staff will place materials in the Electronic Reserves System. Specific copyright holder restrictions will be followed.
• Materials which will be placed in the Electronic Reserves System without obtaining copyright permission include:
• sample exams
• lecture notes
• course assignments
• course syllabi
• faculty presentations
• links to faculty and other web sites
• government publications
• one article from a journal that HACC Libraries subscribes
• one chapter from a book that HACC Libraries owns
• HACC Libraries will follow the guidelines published by the American Library Association in Model Policy Concerning College and University Photocopy for Classroom, Research and Library Reserve Use. These standard guidelines include the following:

1. The distribution of the same photocopied material does not occur every semester without permission.
2. Only one copy is distributed to each student.
3. The material includes a copyright notice on the first page of the portion of materials copied.
4. The students are not assessed any fee beyond the actual cost of the photocopying.

The faculty member's request for copy to be placed on reserve should meet the following established guidelines:

1. The amount of material should be reasonable (17 U. S. C., Section 107:1 and 3)
2. The materials will contain a notice of copyright (U.S.C., Section 401)
3. The effect should not be detrimental to market for the work. The library should own at least one copy of the work. (17 U.S. C. Section 107:4)
4. The number of copies should be reasonable in light of the number of students enrolled, the difficulty and timing of assignments, and the number of other courses which may assign the same materials. (17 U.S.C., Section 107:1 and 3

Copyright and Electronic Reserves

Electronic Course Reserves materials can be viewed electronically and are protected by copyright. The Copyright Law of the United States (Title 17 US Code Section 108) governs the making of photocopies or other reproductions of copyrighted material. The Harrisburg Area Community College adheres to this statute by relying on the fair use provisions of the copyright law and by obtaining permission of the copyright holder where applicable.

Electronic Course Reserve procedures at the University of South Florida for materials protected by copyright rely on the fair use section of the Copyright Act of 1976. Section 107 of the Copyright Act identifies four factors in determining 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.

E-Reserve Copyright Procedures

1. Complete books will not be scanned into Electronic Reserves.
2. Materials which do not require copyright permission include the exams, syllabi, and lecture notes of the instructor placing material on Electronic Reserves, government publications, a single journal or magazine article used for one semester, a single book chapter used for one semester, works of art used for one semester, or material for which the professor or instructor owns copyright.
3. Materials which require copyright permission are:

• A journal article, magazine article, or book chapter intended for use for more than one semester.
• Multiple chapters from a single book or multiple articles from a single journal or magazine.