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Staying Connected: Hazy Library eResources and Services: Reserves

Going online

While moving your classes to online instruction, you may find that there are readings from their textbooks or other library resources that your students need to be able to complete your course successfully. 

The library can scan materials for you to post to your Canvas. Please fill out the attached form and email it to Brianna Hawkins (madridb@erau.edu).  This will give her the needed information to start working on your materials.

Please note that each scan will start with a standard copyright statement that must be retained as part of the post.  These materials must be placed within Canvas and not distributed directly to students.  Restricting access to the materials to a protected site, strengthens the fair use argument.

Copyright Notice

Each item scanned will contain on the first page:

  • A complete citation
  • Notice of copyright

Other Options

Articles you may need may be available within the library's databases.  If that is the case, we will provide you with a link to that resource instead of scaning it.  This will allow us to comply with licensing agreements as well as copyright.

It may be that a resource is available in an institutional repository for free.  If we locate it that way, we will forward you a link to that resource.

Copyright & Fair Use

Copyright law gives creators the exclusive rights for:

  • Distribution
  • Making copies
  • Creating derivatives
  • Displaying or performing their works.

Section 107 of Copyright Law provides exceptions to those exclusive rights better known as fair use.  Fair Use provides that materials may be used without permission for the purposes of:

  • Scholarship
  • Research
  • Teaching
  • News reporting
  • Criticism/comment

However, each use must be considered using four factors to determine if that use is fair.  All four factors are considered as a whole with no one factor weighing more than another.

  • Purpose and character of the use
    Is it for commercial use or for nonprofit educational use? Educational use is more likely to be fair. BUT this is not a deciding factor.
  • Nature of the work
    Is the original fiction or nonfiction? Nonfiction is more likely to be fair as it is not a creative work.
  • Amount of the work being used
    What percentage is being used and is it the “heart” of the work? It is this factor that drove the development of guidelines. Using an entire work is usually regarded as unfair; however, using just 3% of the work which includes the “heart,” could also be unfair. This factor has grown over time to consider the transformative nature of a new work. Courts have examined cases where entire works were used, but because they were transformed into something new demonstrating creativity and not simple copying, the use of the whole work was allowed. See Campbell v. Acuff-Rose Music (92-1292), 510 U.S. 569 (1994)
  • Effect upon the market
    Is it replacing the original, supplementing it, or creating a new market for it?
Copyright Act, 17 U.S.C. §107 (2000)
 
Read more on our Copyright and Fair Use Guide and consider using the following to help you make a fair use determination:
 
  • Thinking Through Fair Use: This tool from the University of Minnesota is based upon the Fair Use Checklist below, but includes room for making notes about your analysis. Once the form is complete, you can email a copy to yourself for your records.  
  • Fair Use Evaluator: helps users collect, organize, and document the information they may need to support a fair use claim, and  provides a time-stamped PDF document for the users’ records. Developed by the American Library Association, Office for Information Technology Policy.
  • This two-page checklist was developed by Kenneth Crews, a well-known and respected copyright expert. Using the checklist and retaining it for work that an individual wishes to use either online or in the classroom, demonstrates that the individual is aware of copyright and has attempted to make a fair use analysis for his use. This helps to protect the individual from perceived copyright violations.

    Keep in mind that a new analysis must be done for repeated uses of the same materials or new uses of it. Repeated use is generally not considered fair.