Class Handouts, E-Reserves, Coursepack Guidelines

Includes: Copies of material handed out in the course of face-to-face instruction for use in class, coursepacks of readings purchased by students, copies of course readings placed on electronic reserve (E-Reserve) through the Library

Option One: Determine if the material is in the public domain or is licensed for open use. If not…
Option Two: If material is to be posted to Blackboard or iTunes University, determine if TEACH Act applies. If not...
Option Three: Determine if the use qualifies as fair use. If not…
Option Four : Get permission to use the material from the copyright holder.

Classroom Handouts

Safe Use

Portion Limitations:

  1. Poetry: A complete poem if less than 250 words or, from a longer poem, an excerpt of not more than 250 words.
  2. Article/Story/Essay: A complete work if less than 2,500 words.
  3. Longer Prose: A 500-word excerpt from any work (or up to a 1,000-word excerpt if not more than 10% of the work).
  4. Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.
  5. “Special” works: Works which combine text with illustrations often fall short of 2,500 words in their entirety (e.g. children’s books). Such “special works” may not be reproduced in their entirety; however, an excerpt of not more than two of the published pages of such a work and containing not more than 10% of the words found in the text may be reproduced.
  6. Same Author/Work/Volume: Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.
  7. Consumable works: There shall be no copying of, or from, works intended to be “consumable” in the course of study or of teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.

Time Limitations:

  • Copying should not be repeated with respect to the same item by the same faculty member from term to term
  • No more than nine items should be copied for a course during any one term.

Access/Distribution Limitations:

  • Only one copy should be made for each student in the course.
  • Each item that is copied should only be used for a single course.

Other Considerations:

  • Any copying must be “spontaneous”, and there must not be reasonably adequate time available to pursue copyright permission.
  • All copies must include a copyright notice.

Questionable Use

For possible uses of copyrighted materials that exceed the portion, time and access/distribution limitations outlined above, please do the following:

Dangerous Use

Portion:

  1. Poetry: Copying an entire epic poem (in a copyrighted translation).
  2. Article/Story/Essay: Copying a work substantially longer than 2,500 words.
  3. Longer Prose: Copying an excerpt that is substantially longer than 1,000 words or 10% of the entire work.
  4. Illustration: Copying multiple cartoons or images from a single source (e.g. a collection of political cartoons).
  5. “Special” works: Copying an entire picture book.
  6. Same Author/Work/Volume: Copying multiple short stories by the same author and distributing in class at one time – or copying more than three pieces from a collected work over the course of the term.
  7. Consumable works: Copying any consumable works.

Time:

  • Copying the same material for the same class repeatedly.
  • Copying substantially more than nine items for any one class over the course of the term.

Access/Distribution Limitations:

  • Making multiple copies of a work for each student.
  • Copying material and using it for more than one course.

Other Considerations:

  • Making copies months ahead of time and saving them for an upcoming course.
  • Not including a copyright notice on items distributed in class.

Library Electronic Reserve

Safe Use

Portion/Material Limitations:

These guidelines only address the use of copyrighted materials within the e-reserves system.

Assuming Time and Distribution limitations are observed, the following materials may be placed on electronic reserve under Fair Use:

  1. Books: One chapter, or up to 10 percent, of a book (provided no other material from the same book has already been used for the same course and same faculty member)
  2. Articles: One article from a journal issue (provided that no other articles from the same journal issue have already been used for the same course and faculty member)
  3. Poems/Short Works: One poem, short story, or essay from a collected work
  4. Other Works: A short excerpt, not to exceed 10 percent, of a work without chapters or articles
  5. Illustrations: A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper

Materials placed on electronic reserve should only constitute a small portion of the required (and/or supplemental) course readings. The ERes system is not intended to replace course-packs.

Time Limitations:

  • Copyrighted materials used by the same faculty member for more than one course at the same time, or for more than one semester, must have copyright clearance after the initial use.
  • Access to e-reserves materials ends on the last day of the course.

Access/Distribution Limitations:

  • Access to ERes materials for a specific course is limited to students currently enrolled in the course, and will be password-protected.

Questionable Use

For possible uses of copyrighted materials that exceed the portion, time and access/distribution limitations outlined above, please do the following:
  • Complete a Fair Use Checklist (pdf) to determine if your use may still qualify as fair use.
  • If you are still uncertain, contact the Library.

Dangerous Use

Portion/Material

  1. Books: Posting more than 10 percent of a work for any one course.
  2. Articles: Posting multiple articles from one journal issue (not volume)
  3. Poems/Short Works: Posting multiple works from a single collected work.
  4. Other Works: Posting substantially more than 10 percent of any other work.
  5.  Illustrations: Posting multiple illustrations copied from any one source.
  6. Using e-reserves to substitute for a course pack is an exceedingly dangerous use.
  7. Posting any unpublished works (other than the faculty member’s own work; or student’s work, with permission)
  8. Posting consumable works (workbooks, exercises, standardized test and survey instruments, etc)

Time:

  • Using the same material for the same course year after year.

Access/Distribution:

  • Giving the password to your e-reserves page to students not currently enrolled in that course.

Coursepacks

Safe Use

  • Based on previous court decisions (Basic Books Inc. v. Kinko's Graphics Corp., 758 F.Supp. 1522 (S.D. N.Y. 1991 and Princeton Univ. v. Michigan Document Servs., 99 F.3d 1381 (6th Cir. 1996)), it is clear that Fair Use does not apply to coursepacks sold to students.
  • The safest use with regard to coursepacks is to obtain copyright clearance for all materials included in the coursepack. Pacific University will not produce coursepacks without copyright clearance for all materials included. The Service Center will work with you to obtain needed permissions.
  • For more information on obtaining copyright clearance, please visit Securing Copyright Permission.

Dangerous Use

  • Compiling a coursepack without obtaining copyright clearance for all materials included.
  • Compiling and distributing a coursepack on your own (whether or not you charge your students).
  • Compiling a digital coursepack and posting it to your Blackboard course, e-reserve page, or personal website.