Long Island University C.W. Post Campus
C.W. Post Campus B. Davis Schwartz Memorial Library

ERes Homepage

Copyright, Fair Use, and ERes

ERes Request Form (Word format)

ERes Archived Form (Word format)

Student Paper Request Form (Word format)

Publisher Permission Request - Article (Word format)

Publisher Permission Request - Book Chapter (Word format)

Hardcopy Book Reserve Form (Word format)

Instructors' Copies: Request letter for Permission from Publisher (Word format)

Information for Students

Circulation/Reserve Department

Library Homepage

Getting Started with ERes
Information for Faculty

ERes from Innovative is an easy to use Electronic Reserve system. Using ERes, faculty can offer their students access to reserve materials online. The readings are password-accessible to students on or off-campus. If you have questions please contact the library.

All faculty and staff using this system must read the Copyright, Fair Use, and ERes information below. Faculty who wish to have library materials placed on ERes can download the "Electronic Reserve Request Form" and submit the completed form to the Circulation desk in the library. Individual faculty are responsible for obtaining permission from publishers for materials that do not comply with Fair Use, including publisher issued instructors' copies. Form letters for permission from publishers can be downloaded below.

Copyright, Fair Use, and ERes

Course materials that can be placed on electronic reserve without restrictions include materials you created for your class and materials in the public domain (see below). It is recommended that you password your course page(s) so that only your students have access. All course pages that contain copyrighted material MUST be password protected.

Copyrighted Works
A work is considered copyrighted if it is original and is in a fixed medium. Most published material, not in the public domain, is copyrighted. A work does not need to be registered with the U. S. Copyright Office in order to be copyrighted. It is automatically copyrighted if it meets the originality and fixed medium requirements. Under this definition, even unpublished works, material found on web pages, and students' papers can meet the originality requirement. Student papers are also protected by the Family Education Rights and Privacy Act and cannot be placed on electronic reserve without permission.

Fair Use
U.S. Copyright Law (Title 17 of U.S. Code) grants exclusive rights to the owners of copyrighted work to determine if and how their works are reproduced and used. However, limitations to these exclusive rights as they pertain to the educational use of materials are provided in the Fair Use doctrine. Fair Use allows for the reproduction of copyrighted work without permission but only if the following criteria are considered:

  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 substantiality of the portion used in relation to the copyrighted work;
  4. The effect of the use upon the potential market for or value of the copyrighted work.

In light of these four criteria, it is important to keep in mind:

  • All four criteria need to be applied and balanced.

  • Nonprofit educational use favors Fair Use.

  • Works of fiction and other creative works such as visual art and music, generally, do not meet Fair Use criteria #2.

  • Generally, there is a one-semester limitation for reserve material; however, the above criteria of Fair Use still apply.

  • If the library owns a copy of the work in question, that favors granting Fair Use in light of criteria #3 and #4.

  • The amount of a work (i.e. chapters of a book) needs to be balanced with the effect on the market value.

  • There is no set percentage to follow, but the amount of a work needs to be factored in with the other criteria, particularly #4.

  • Linking to a full-text article in one of the library's licensed full-text databases is preferable to scanning a print article and uploading it to electronic reserve. However, you must be certain that the journal is available in a database, the database is accessible off-campus, users can be authenticated as Long Island University students, and the links are durable or persistent. If you need assistance locating online full-text journals and creating durable links, please contact the Reference Department (x2305) in the library.

  • The library retains the right to determine if materials placed on electronic reserve meet a reasonable interpretation of Fair Use criteria. If materials do not meet the criteria, then the appropriate permissions will be sought from the copyright owners or the materials will be removed.

Additional information concerning Fair Use can be found in the U.S. Copyright Office Publication Circular 21 - Reproduction of Copyrighted Works by Educators and Librarians (pdf format).

Public Domain
Works in the public domain are free to use without limitations. All works published before 1923 are considered in the public domain. Works produced by government employees are generally in the public domain, although there can be exceptions.

Obtaining Permission: When and How
If the materials you are placing on electronic reserve do not fall within Fair Use, you must obtain permission from the publisher. You can obtain form letters from the library or the links above. It is recommended that requests for permission from the publisher be done well in advance of placing materials on electronic reserves. Publishers are slow to respond and several requests may be necessary.

It is the responsibility of each instructor to obtain permission for any materials placed on electronic reserve that do not meet Fair Use criteria and to make arrangements for the payment of any fees imposed by the publisher.

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