Copyright and Fair Use
Please review Georgia College Library's information on Copyright and Fair Use on the Author Services Guide.
Instructors are responsible for evaluating, on a case-by-case basis, whether the use of a copyrighted work on electronic reserves requires permission or qualifies as a fair use. If relying upon the fair use exception, instructors must complete a copy of the fair use checklist before submitting material for electronic reserves.
The Board of Regents Policy on the Use of Copyrighted Works in Education and Research explains in detail the rights of copyright holders, which are balanced by limitations on those rights under federal copyright law.
Steps to submitting an item for Course Reserves:
- Check to see if the item is already available through Galileo or other sources licensed by the Library.
- Determine if the item is in the public domain. Books published prior to 1923 and federal government documents fall into this category. Some items released under a Creative Commons license may permit course use – you must read the license to determine if electronic reserve is a permitted use.
- Use the Board of Regents Fair Use Checklist as a tool to help you determine if your use of the item for the course is considered fair use.
- Performance of a fair-use analysis provides an initial determination as to whether each of the four fair use factors favors or disfavors fair use. The four fair use factors are 1) the purpose of the use, 2) the nature of the copyrighted work, 3) the amount and substantiality of the portion used, and 4) the effect of the use on the market for the original.
- The results of the four factor analyses are weighed together to arrive at a final fair use determination. However, the four factors do not carry equal weight. Factor four carries the most weight, but not so much weight that it is always outcome determinative. Factor three outcomes will vary based on the effect of the favored nonprofit educational purpose of the use under factor one, plus the impact of market substitution as recognized under factor four. Factor two – due to the use of published, non-consumable and non-fictional works – carries little weight.
- Faculty members should review and comply with the USG Copyright Policy. The website contains additional information and resources about copyright.
- If none of the above options apply, you must obtain permission to use the item. Permissions can generally be obtained from the Copyright Clearance Center or from the copyright holder (generally the publisher).
Items Not Accepted for Reserve
To comply with Fair Use, the GC Library does not accept these materials for course reserves:
- Materials borrowed from other libraries
- Downloads of electronically available materials
- Material printed from internet sites