Photocopying

Photocopying of copyrighted material for reserve use is permissible only under limited circumstances, according to legal interpretations of the Copyright Law.

Reserve Services follows photocopying guidelines recommended by the American Library Association. A complete copy of the University at Albany "Policy Concerning University Photocopying for Classroom, Research and Library Reserve Use" is available from the Reserve Room. A portion of the policy, as it pertains to Reserve services, is quoted below:

Excerpts from copyrighted works in the library collection may be photocopied and placed on reserve in accordance with guidelines similar to those governing formal classroom distribution. This university believes that these guidelines apply to the library reserve shelf to the extent it function as an extension of classroom readings or reflects an individual student's right to photocopy for his personal scholastic use under the doctrine of fair use. In general, photocopies for reserve room use are for the convenience of students both in preparing class assignments and in pursuing informal educational activities which higher education require such as advanced independent study and research.

An entire article, or an entire chapter from a book, or an entire poem may be photocopied if the request calls for only one copy to be placed on reserve.

Requests for multiple copies on reserve should meet the following guidelines:

• 1. The amount of material should be reasonable in relation to the total amount of material assigned for one term of a course taking into account the nature of the course, its subject matter and level, 17 U.S.C. 107 (1) and (3).
  
• 2. 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 material, 17 U.S.C. 107 (1) and (3).
  
• 3. The material should contain a notice of copyright, see 17 U.S.C. 401.
  
• 4. The effect of photocopying the material should not be detrimental to the market for the work (in general, the library should own at least one copy of the work). 17 U.S.C. 107 (4).
  

For example, an instructor may place on reserve a supplement to the course textbook, a reasonable number of copies of articles from academic journals or chapters from trade books. A reasonable number of copies will in most instances be less than six, but factors such as length or difficulty of the assignment, the number of enrolled students and the length of time allowed for completion of the assignment may permit more in unusual circumstances.

In addition, a faculty member may also request that multiple copies of photocopied copyrighted material be placed on the reserve shelf if there is insufficient time to obtain permission from the copyright owner. For example, a professor may place on reserve several photocopies of an entire article from a recent issue of TIME magazine or the NEW YORK TIMES in lieu of distributing a copy to each member of the class. If you are in doubt as to whether a particular instance of photocopying is fair use in the reserve reading room, you should seek the publishers permission. Most publishers will be cooperative and will waive any fee for such a use.

Uses of Photocopied Material Requiring Permission

Repetitive Copying: The classroom or reserve use of photocopied materials in multiple courses or successive years will normally require advance permission from the owner of the copyright, 27 U.S.C. 207 (3).

Copying Electronic Media

The University prohibits the making, using and distributing of unauthorized and illegal copies of copyrighted computer software.

• 1. Requests for multiple copies of library-owned copyrighted software will be met only through the purchase of additional copies or the purchase of a site license.
• 2. Requests for circulation of personal copy copyrighted software must be accompanied by original disks and the software license. The IMC will provide a circulating copy for patron use. Any copy made by the IMC will be erased when the material is taken off reserve. Original disks will remain in the IMC to back up circulating copies in case any data is destroyed.
• 3. Multiple copies of uncopyrighted public domain software can be provided. Evidence of public domain status must be unequivocal or provided in writing by the developer/distributor.

Copying Audiovisual Materials

The University Library will circulate off-air copies only if they meet the guidelines for fair off-air taping. The University Library will not circulate on off-air copy which is being substituted for fair-market priced copyrighted original. Guidelines are detailed in the University's Copyright Handbook.

References

• "Policy Concerning University Photocopying for Classroom, Research and Library Reserve Use".
• Copyright Handbook. Albany: University at Albany, 1987.
• Mary Hutchings Reed. Copyright Primer for Librarians and Educators. Chicago: American Library Association and National Education Association, 1987.

March 18, 1998