Copyright Guidelines

Overview

Copyright

Copyrighted materials will be placed on reserve for non-commercial educational use only.
Each class page will include the following copyright notice:
"The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted materials. 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 be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement."
The library will not place materials on electronic reserve if it judges that the nature, scope or extent of the material is beyond the reasonable limits of fair use.
Complete or longer works (e.g., books) will not be scanned.

Access

Electronic reserve will permit simultaneous use by multiple authorized users.
Authorized users may view or print copies. In most instances, documents are stored as Adobe PDF files. Patrons accessing material from off campus must have the Adobe Acrobat Reader installed. This is available free from Adobe.
In order to minimize downloading time and failures large documents are divided into smaller segments, which will need to be accessed separately.
Articles to which the library subscribes electronically will be linked from the citation.
Material will be removed from electronic reserve at the end of the semester.
There will be no charges for viewing reserve material, although printing charges may apply.

Questions about copyright may be directed to Maureen Kindilien (914-323-3132).

General Information for Faculty

Electronic reserve policy is based on the "fair use" provisions of the United States Copyright Act of 1976 (17 USC). Manhattanville College Library maintains both traditional (library owned and personally owned books, videos, DVDs, and CDs) and electronic course reserve for faculty to use in order to make available to students course reading materials that are required in support of the curriculum.

Electronic reserve may include journal articles, newspaper articles, a chapter from a book, problems and solutions, old exams, syllabi, all of which may be accessed over the Web. All items that can be placed on the Web in electronic form will be placed on electronic reserve. Faculty may submit materials for reserve that conform to these fair use provisions:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comments, news reporting, teaching (including multiple copies for classroom use), scholarship or research, is not 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:

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; and
The effect of the use upon the potential market for or value of the copyrighted work.

Where materials do not fall within fair use, they may still be placed on reserve providing permission is being sought from the copyright holder. Manhattanville College Library has the right not to accept items for reserve if it judges that the nature, scope or extent of the material is beyond the reasonable limits of fair use, and will not knowingly accept materials that violate copyright law. Where the faculty member has not already secured permission, the library will work to a reasonable extent to obtain copyright clearance for faculty using course reserves, including the payment of royalties. The library cannot scan course packs created by commercial publishers.

Access to material on electronic reserve is limited to authorized Manhattanville College patrons, by passwords. Only authorized patrons may browse material and the citations to material.

Access is via the Manhattanville College Library's homepage (http://www.mville.edu/library). Clicking on "E-Res Electronic Reserves" at the top of the page will bring one to the course reserve page. Clicking on "Electronic Reserves and Course Materials" allows searching by course, professor, or keyword. Once in a course, students may click on a link to either bring up a PDF document, access a link to an article in one of the library's subscription databases, or obtain call number information for material on traditional reserve.

Faculty members are responsible for securing copyright clearance for items submitted for reserves.
Reserves are intended for the use of the students, faculty, and staff of Manhattanville College only.
Materials placed in reserves will be at the initiative of the faculty for the educational and non-commercial use of students.
Material in reserves will be made unavailable at the end of the courses for which the material is intended.
A copyright warning is attached to each electronic reserves course page. The user must agree to the ERes copyright statement in order to gain access.
Copyrighted material will be password protected on electronic reserves, available only to Manhattanville students enrolled in the class.
Reserves department maintains the right to deny placement into paper or electronic format any material(s) it judges is beyond the boundaries of "fair use."

Copyright Procedures

Materials which may be placed on reserves without obtaining copyright permission:
exams, lecture notes, student papers and government publications.
Materials which may be placed on reserves, for one semester, without obtaining copyright permission:
one chapter from a book, one article from a periodical or newspaper; a short story, essay or short poem, whether or not from a collective work; chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.
Materials that may not be placed on electronic reserves:
pages from works intended to be "consumable" in the course of study or teaching.
These include workbooks, exercises, standardized tests, test booklets and answer sheets.

When to write for copyright permission:

A journal article is needed on reserves for more than one semester.
Multiple articles from one journal are needed for reserves.
One book chapter is needed on reserves for more than one semester.
Multiple chapters from a book are needed for reserves.

Questions?? Contact Maureen Kindilien, Instruction Librarian and Coordinator of Faculty Services.