Draft-UCLA LIBRARY
ELECTRONIC RESERVE OPERATIONS

The UCLA Library policy for electronic reserves is based on the principle that the fair use provisions of the Copyright Act of 1976, Section 107 permit the making of copies of copyrighted material for classroom use as long as the four determining fair use factors are considered.  This policy also includes a number of the guidelines included in the March 5, 1996 Fair Use Guidelines for Electronic Reserve Systems developed by participants in the Conference on Fair Use (CONFU).  The UCLA Library actively monitors the evolving digital copyright policies and guidelines and will modify this policy as necessary.

Fair Use Factors

Purpose and character of the use (commercial vs. non-profit educational)

Nature of the copyrighted work

Amount and substantiality of the portion used in relation to the work as a whole

Effect of use on the potential market or value of the work
 

Placement of Materials on Electronic Reserve

UCLA Library units will place material requested by UCLA instructional faculty and staff on electronic reserve under the following conditions:

The UCLA Library or the University of California has a current license for access to digital versions of copyrighted material (e.g. MAGS and Inspec full text, California Digital Library materials).  In these instances the citation and link to the electronic version of the material will be added to the electronic reserve system, thus providing direct access to the requested material.
 

A print version of any copyrighted material to be copied or scanned for electronic reserves has been lawfully acquired by or will be purchased by the library, a UCLA department/school, or a UCLA faculty member or instructional staff.  Library staff will scan or copy the material for placement in the electronic reserve system.  The scanned material will be available for use during the entire academic session (e.g. quarter or semester) in which the course is given.
 

There will be no charge for access to electronic reserve materials; the charge for copies made by students on library laser printers will be the same as for all other library printing.
 

A copyright notice will appear on screen in the online reserve system and on copies of copyrighted material made of reserve readings.
 

Copyrighted materials on reserve will be accessible only by faculty name, course name, course number, and date of assignment.  In future, user authentication measures may be implemented to limit access to students enrolled in the course for which the material is placed on reserve.
 

Copyright Notice

The following notice will be attached to each copyrighted document in the electronic reserve system:

WARNING CONCERNING COPYRIGHT RESTRICTIONS

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 electronic transmission of reserve material is used for purposes in excess of what constitutes "fair use", that user may be liable for copyright infringement.
 

Guidelines for Scanning or Copying Materials for Electronic Reserve

UCLA Library staff will scan or copy copyrighted materials for placement on electronic reserve without obtaining copyright permission so long as they do not exceed the guidelines listed below  and it is the first time the material will be placed on electronic  reserve by an individual UCLA faculty member or instructional staff for a particular course.

One journal or newspaper article
One chapter from a book
An excerpt from a prose work so long as the excerpt does not exceed more than 10% of the work.
One chart, graph, diagram, drawing, cartoon, or picture per book or per journal issue

The UCLA Library will not scan or copy and place on electronic reserve copyrighted material which has been previously used for a particular course if copyright permission for reuse for that course has not been obtained.

Disposition of Digitized Reserve Materials

At the end of each quarter, all copyrighted material in the electronic reserve database will be destroyed unless:

UCLA instructional faculty member or staff indicate that they plan to reuse the material in subsequent offerings of the same course.  In these instances the digital version will be retained until permission to reuse the copyrighted material is secured and any requested payments have been made.  If permission is not granted, the digital copy will be destroyed.