COPYRIGHT AND RESERVES

The library policy for reserve services is derived from the fair use provisions of United States Copyright Act of 1976. Section 107 of the Copyright Act expressly permits the making of multiple copies for classroom use. Such educational copying is one of six examples of uses which do not require the payment of a royalty or the permission of the copyright owners provided that the circumstances of the use are fair as assessed by the four factors in section 107 of the Copyright Act, the text of which is as follows:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phono-records or 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; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

...more info regarding the four factors [from the University of Texas Libraries]

All James Madison University collections, regardless of physical format, are purchased or licensed by the university for nonprofit, educational use. 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 price for journals and media, for the privilege of supporting multiple academic users. Considered within this context, JMU libraries offer reserve services in conformance with the plain language of the fair use provisions of the copyright law.

Legal provisions governing the duplication of copyright protected works for library reserve service and distance education are unsettled and may be addressed by the courts and/or legislation. JMU Libraries will monitor legal developments to ensure that library services are in compliance with the letter and spirit of the U.S. copyright law.