Copyright for Reserves

Electronic course reserve materials are protected by copyright. The copyright law of the United States (Title 17 U.S. Code Section 108) governs the making of photocopies or other reproductions of copyrighted material. Cardinal Stritch University Library adheres to this statute (see Cardinal Stritch University Copyright Guidelines) by relying on the fair use provisions of the copyright law and by obtaining permission of the copyright holder where applicable.

One of the conditions of the copyright law as it applies to libraries specifies that a photocopy or reproduction is not to be used for "any purpose other than private study, scholarship or research." If a user makes a request for, or later uses a photocopy or reproduction for purposes in excess of "fair use" that user may later be liable for copyright infringement.

Electronic course reserve procedures at Cardinal Stritch University for materials protected by copyright rely on the fair use section of the Copyright Act of 1976.

Section 107 of the Copyright Act identifies four factors in determining fair use:

  1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
  2. The nature of the copyrighted work
  3. The amount and substantially of the portion used in relation to the copyrighted work as a whole
  4. The effect of the use upon the potential market for or value of the copyrighted work