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FAIR USE

It is mandatory that all reserve items comply with copyright guidelines. Permission must be requested from the copyright holder in order to place items on reserve for more than one semester.

WARNING 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 be 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.

SECTION 107: LIMITATIONS ON EXCLUSIVE RIGHTS:
FAIR USE - Public Law 94-55

Notwithstanding the provisions of section 106, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by 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.

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