Current copyright law provides legal protection to nearly all readings and other course material that an instructor may place on electronic reserve. Items must be reproduced--"copied"-- for entry (scanning) into the electronic reserve system. The use of "copied" items presently protected by copyright and/or commercially available is subject to copyright compliance. Government publications, with some exemptions, are in the public domain and are not covered by the copyright law.

These guidelines are based upon interpretations of fair use provisions, Section 107, Title 17, "Copyrights" of the United States Code, and are intended to serve as minimum standards for placing on library electronic reserve reproduced copies of items, for which copyrighted original and/or commercially available items exists.

GENERAL POLICY: Placing copies of copyrighted original commercially available material on electronic reserve cannot:

a) generate the effect of negating the commercial sale of the material.
b) violate copyright law, whether or not the material is commercially available.

A notice of copyright must be placed at the beginning of the copied material.

What items are not copyrighted?

Items which are not presently protected by copyright and/or not commercially available are not subject to restrictions in terms of copyright compliance. These items fall into three categories:

a) items in the public domain; e.g., federal and state government publications
b) items for which copyright has expired (and not renewed)
c) items for which copyright was never granted. If documents you wish to submit are lecture notes, homework solutions, and sample exams written by you, copyright clearance is assumed.

If the instructor is not the copyright owner or the author of a non-copyrighted work, the material may be placed on reserve only if:

a) the copyright owner or author of a non-copyrighted work grants permission, or
b) the intended use of the work is covered by the "fair use" provision of copyright law

What is "fair use"?

Fair use is a legal doctrine that allows the public (or university students) to make limited uses of copyrighted works without permission. In academic libraries, fair use allows materials to be placed on electronic reserve only for the purpose of serving the needs of specified educational programs. Specific exceptions/restrictions may apply that are not covered herein in entirety, and faculty should consult with the Reserve Coordinator libresv@utdallas.edu, 972-883-2587. Callier Dallas faculty should consult with Allen Clayton, Callier Librarian, callierlibrary@utdallas.edu, 214-905-3165.

If you need additional information for copyright restrictions, please click here.