Library of Rush University

FAQs about Use of Copyrighted Materials for Rush University Courses

Do I need to get copyright permission to put articles on ERes, the Library’s electronic reserves system?

The documents stored in the ERes database are protected under Copyright Laws of the United States (Title 17 U.S. Code). If you limit materials to single articles from journals or chapters from books already owned by a faculty member or the Library, you may request that these be digitized by the Library and placed in a password-protected section of ERes designated for your course and accessible only to students enrolled in the course. The materials must be removed at the end of the quarter as soon as the course is over. If you plan to use the materials again you must get permission to use them.

What if I want to pass out copies to each student taking a course?

The guidelines for educational or “fair use” of multiple copies for classroom use apply. For example, if the document is one article from a journal or a book chapter and there is inadequate time to request permission to duplicate it you can do so one time only.

Does “fair use” apply to articles I want to digitize for my WebCT course?

If you limit materials to single articles from journals or chapters from books already owned by a faculty member or the Library, you may link to digitized materials, or even digitize them yourself, for use in your web-based course. The Web course must be password protected and accessible only to students enrolled in the course. The materials must be removed at the end of the quarter as soon as the course is over. If you plan to use the materials again you must get permission to use them.

What is “fair use”?

Section 107 of the 1976 Copyright Act establishes four factors to help decide whether a particular use is fair:

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

In general, if the purpose is for nonprofit educational use and the item is a published article from a journal or a book chapter, you will meet the guidelines of fair use.

There are many print sources in the Library and web sites that provide more information about educational use of copyrighted materials. At the end is a selected list.

At what point do I need to get permission to make available copies of articles for my students?

If you plan to use digitized materials in more than one quarter you will need to get permission from the publishers.

How do I go about getting permission?

There are several ways to obtain copyright permission for use of electronic or print articles.

Contact each publisher of the article you want to use. This is the cheapest method. You will be only charged the copyright (royalty) fee plus a charge for the number of copies of each article you plan to use. In some cases, depending on the publisher and the publication, permission may be free. You can call the Library's Reference Desk at (312) 942-5952 for publisher addresses, fax numbers and e-mail addresses.
Use the Rush University Bookstore to provide course packs for your courses. They will determine the charge based on the number of citations and publisher royalty fee. The Bookstore then sells the course packets to students along with the textbooks for the course.

Other useful sources available in the Library of Rush University and on the Web:

Campus Copyright Rights & Responsibilities: a Basic Guide to Policy Considerations
Sponsored by the Association of American Publishers, Association of Research Libraries, Association of American University Presses.
Retrieved June 29, 2006 from the World Wide Web:
http://aaupnet.org/aboutup/issues/Campus_Copyright.pdf

Copyright Essentials for Librarians and Educators.
Kenneth D. Crews. Chicago: Alerican Library Association, c2000.
Available in the Library of Rush University, 7th Floor
Z 642 C927c 2000

Copyright for Teachers and Librarians.
Rebecca P. Butler. New York: Neal-Schuman Publishers, c2004.
Available in the Library of Rush University, 7th Floor
Z 642 B98c 2004

Crash Course on Copyright.
University of Texas System. Austin, TX.
Retrieved May 9, 2006 from the World Wide Web:
http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm

University System of Georgia Regents Guide to Understanding Copyright and Educational Fair Use.
Retrieved May 9, 2006 from the World Wide Web:
http://www.usg.edu/legal/copyright