Wednesday, July 29, 2020

Copyright Law and Course Reserves (Fall 2020)


Guidelines for LPTS Faculty and Staff  | Fall 2020 Online Learning #COVID19

LPTS is committed to compliance with U.S. copyright law, but understanding how to apply the law in relation to course reserve readings is not always easy. The guidelines presented here are offered to help LPTS faculty and staff comply with the law. The Library cannot offer legal advice about Copyright Law. It is the faculty/instructor of record's responsibility to comply with the copyright laws in the distribution of course materials.

Readings may be posted for currently enrolled fee-paying students on a secure site – e.g. CAMS. But you must secure permission first. The Seminary’s annual contract with the Copyright Clearance Center makes this very simple in most cases. Here are the steps to follow:

1. Check whether permission is granted under the Annual Copyright License (ACL) of the Copyright Clearance Center. If so, no further action is required. Faculty members make requests through their Faculty Secretary.
2. If permission is not granted under the Annual Copyright License, the Copyright Clearance Center (CCC) can arrange single-use permission from some publishers for a fee.
3. If the publisher is not currently working with the CCC, you may need to seek permission directly through the publisher, though the CCC can also sometimes do this for you for a fee.
4. In all cases, check the appropriate box on the revised E-Reserve Request form to let library staff know by which method you secured copyright permission.
5. Library staff will upload course reserves into CAMS.

NOTE: For classroom or physical handouts containing material under copyright, you do not need to notify the library, but permission must still be secured.

Without permission of the copyright holder, you may—for a single school term—create copies for classroom use, or post a password-protected electronic copy (in CAMS)


Permission of the copyright holder must be obtained to:

* Post more than the limited portions of a work noted above (even for one term)
* Place the same material on reserve for more than one (consecutive or non-consecutive) term
* Copy works that are considered “consumables” (workbooks, exercises, standardized tests, test booklets, answer sheets, etc.)

It is important to note that:

* Although the author of a work is sometimes the copyright holder, republication and reuse permissions may have been assigned to the publisher. The publisher will let you know if permission directly from the author is required.
* Copyright for illustrations in a text may be held by someone other than the author or the publisher. The publisher will let you know if permission directly from the illustrator is required.
* One article from the same issue of a journal
* Up to three articles, stories, or essays from the same volume of a journal or the same multi-author work
One article, one story, one essay, or two excerpts from the same author
* Up to approximately 10% of a monograph
* One illustration from an individual publication

Regarding whole books (or substantial portions):

If students in a particular course need privileged access to whole books during the term, faculty may ask library staff to acquire eBooks. Photocopy or electronic reserve is not an option for whole (or substantial portions of) books without written permission of the copyright holder (note the “10% rule” and other guidelines above).

Rev. 6/9/20, CCC; Last updated 08/05/20 ASC