How do I know if I need copyright permission to put an item on reserve?No Copyright action is required if:
- Item was published before 1923
- Item is a government publication
- Instructor owns the copyright (course syllabi, lecture notes, sample exams, articles, and other published materials for which the copyright has not been assigned to a third party)
- Copyrighted material contains a waiver specifically granting use for educational purposes
- Permission has been obtained from the copyright owner
- Material is available on the Internet or in a licensed database and a direct link can be made to it
- Use of the work falls within the definition of fair use (see the Checklist for Fair Use)
Copyright permission is required if:
- The work is a consumable (exercises, case studies, standardized tests, workbooks, solutions manuals)
- The work is a student paper or other unpublished materials
- Material exceeds approximately 10% of the copyrighted work
- The library determines that use of the item is not fair use according to Title 17, section 107 of the Copyright law
- Items have been included in a coursepack that students are expected to purchase
Who is responsible for obtaining copyright permission for items to be placed on reserve?Once the instructor or library determines that permission from the copyright owner is required to place an item on reserve, the instructor teaching the course is responsible for obtaining permission. Proof of permission is required before these items can be placed on reserve.
How do I determine from whom to seek copyright permission?The easiest first step is to request permission through the Copyright Clearance Center (CCC). If CCC cannot grant permission, then attempt to identify and contact the copyright owner directly: Single monographs - copyright ownership is usually listed on the verso of the title page Anthologies/collections - copyright of individual items in an anthology or collection may be retained by the original owner. Seek permission from the original owner of the item to be reproduced from an anthology/collection. Journal articles - the journal publisher usually owns the copyright of individual articles in the journal. Read the journal's copyright statement carefully. Sometimes permission is granted for educational purposes. Creative works - The Web sites Getting Permissions from the University of Texas and Securing Permission for Copyrighted Works from the IUPUI Copyright Management Center provide information and links to sources of permissions for images, music, plays, movies, software, and other published works.
If you cannot determine the copyright owner, ask the library for assistance.
How do I locate the copyright owner?Recommended Web sites for locating publishers Recommended Web sites for locating people Recommended Web sites for locating copyright holders for creative works
Ask the library for assistance
How long do I have to wait for a response from the copyright owner?If the copyright owner has been positively identified and contacted, but no response to the request for permission is received, the item cannot be placed on reserve or, if already on reserve, should be removed after the semester is over. No response is not an implied "yes."
Do I need to obtain permission for each semester and/or each course for which I want to use the material?Permission letters should be specific about the use that will be made of the item, e.g. electronic reserves, but vague about the course, semester, and number of students. A sample letter is available on the Web. You may want to edit the letter to eliminate references to distribution, publishing, and licensing as appropriate. Sometimes the owner will grant permission not based upon a specific course or time frame. More often the copyright owner will specify the parameters for use of the item. You must abide by the conditions of the permission granted by the copyright owner. If permission is granted only for the semester and/or for a specific course, then permission must be obtained for each other use of the material.
Are sample permission letters available?Yes, the IUPUI Copyright Management Center provides sample letters for a variety of uses including photocopies in the classroom, electronic reserves, distance education, research, and publication. The University of Texas provides a provides a template letter that can be adapted to a variety of permission requests. You may want to edit the letter to eliminate references to distribution, publishing, and licensing as appropriate.
What should I do if I cannot locate the copyright owner?If an honest effort has been made to locate the copyright owner, but without success, the item may be placed on electronic reserve. Proof of the "good faith effort" must accompany the material to be placed on reserve.
Is a verbal permission acceptable?Verbal permissions are not acceptable. Proof of permission must be supplied with items submitted for reserve.
When there is more than one author, do I need permission for each author?If there are multiple authors, all authors must be queried for copyright permission. However, if one author answers yes and the others do not answer, the material may be put on reserve.
If the copyright owner charges fees for the use of the work, who pays these fees?Individual departments are responsible for paying copyright royalty fees for reserves.
Consider creating a coursepack. XanEdu is a course pack service that includes the seeking of copyright. Copyright fees are included in the price the students pay for the course pack. There is no charge to you or your department with XanEdu.
What do I do if the copyright owner refuses permission?Consider creating a coursepack. XanEdu is a course pack service that includes the seeking of copyright permission. Copyright fees are included in the price the students pay for the coursepack. There is no charge to you or your department with XanEdu.
Contact your textbook sales representative for assistance. If you have adopted one of their textbooks, chances are they can help you get permission to use material from their other published resources.
Find an Internet source and link to it, unless the source specifically requests no linking from the document.
Replace the reading with a similar one.
Find an earlier edition of the same reading. Remember that sources published before 1923 are now in the public domain.
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