Copyright

It is important for instructors, librarians and students to note that from a copyright law perspective, there is no distinction between traditional reserves and e-reserves. The same fair use guidelines apply to e-reserves. If the particular use of the content does not meet the fair use criteria in hard copy format, it is unlikely to be considered fair use in electronic format.

Instructional materials may be posted to Blackboard or a course website under any of the following circumstances:

• The material is made available by linking to content in a library research database or online resource rather than copying.
  • Use of copyrighted materials will be subject to individual licensing agreements.  Whenever possible the college will provide assistance with direct linking to requested materials in accord with individual licensing agreements. 
• The use intended of the material falls within fair use under copyright law, Creative Commons licensing or under another copyright exception, or
• The material has been designated open access by the copyright owner, or
• The material is in the public domain, or
• The copyright owner of the material grants permission.

Contact the college Copyright Officer at copyrightofficer@hvcc.edu for further information on how to make this determination.

Traditional reserves consist of print and other physical materials required for classes, such as books, videos, CDs, DVDs.

Faculty requesting print or media reserve materials are responsible for copyright compliance. 

Copyright compliance is satisfied under either of the following conditions:

• The items requested for reserve lending are either original works legally purchased by the instructor, or original works legally purchased by the college (therefore, in accord with the First Sale Doctrine, these items can be made available for reserve lending by the library).

• The items requested for reserve lending are non-library/instructor owned items or reproductions (examples include copies of journal articles, book chapters, video or audio recordings) and are therefore unavailable for reserve lending for consecutive semesters unless:
  • Use of the intended materials falls within fair use under copyright law, Creative Commons licensing or under another copyright exception.
    • To determine if a copyrighted work may be reproduced under the fair use doctrine, conduct the fair use analysis (all 4 factors must be weighed).
  • The material is in the public domain.
  • The material has been designated open access by the copyright owner.
  • The copyright owner of the material has granted the instructor permission.

Contact the college Copyright Officer at copyrightofficer@hvcc.edu for further information on how to make this determination.