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Policy and Procedure of the UNR Libraries
on Reserve Operations Involving
Photocopied Materials

In conformance with the copyright law (Title 17,  U.S. Code) and the appended photocopying guidelines adopted by the University of Nevada-Reno (Title 17,  U.S. Code, Section 107), the UNR Libraries have developed reserve procedures to meet the libraries' needs and to comply with the fair use provisions of the law.   Therefore, the libraries will NOT make multiple copies for reserve. Photocopies will be accepted for reserve with the understanding that such copies have been made in compliance with the law and guidelines noted above.

Reserve Procedures

In providing reserve services, the libraries will:

1. Place single and multiple copies of copyrighted materials on reserve when received from faculty.
   1. In accepting copies for reserve, it will be the understanding of the libraries that the copy or copies have been made in compliance with the copyright law and university guidelines. Persons placing a copy/copies on reserve will be required to sign a release to this effect.
   2. In sending out reminders to the faculty regarding the submission of reserve lists and photocopied materials, the libraries will include the following notice:
      • "The copyright law of the United States governs the making of photocopies or other reproductions of copyrighted material. On accepting photcopies for reserve, the UNR Libraries assume that the copy or copies have been made in compliance with the copyright law and university guidelines."

• Make single copies (when requested).
  1. The following note of copyright will be stamped on the reproduction of the copyrighted work:
     • Notice: This material may be protected by copyright law (Title 17,  U.S. Code).
• Not make multiple copies for reserve.

  Reserve use of photocopied materials in multiple copies, multiple courses, or successive semesters or years will normally require advance permission from the owner of the copyright.

  The request for permission to copy should be sent with a self-addressed, stamped return envelope to the Permissions Department of the publisher in question. If the publisher's address does not appear at the front of the material, it may be obtained from several sources in the Library such as Literary Marketplace, Books in Print, or Ulrich's International Periodicals Directory. You should allow enough time for the publisher to evaluate the request before the materials are needed. The publisher may respond with permission to copy the material and may assess a fee for the copying. More information on obtaining permission may be obtained from the Circulation Supervisor or the Head of Branch Libraries.
   

Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions - With Respect to Periodicals and Books

(From Title 17,   U.S. Code, Section 107)

1. Single Copying for Teachers
   • A single copy may be made of any of the following by or for a teacher at his or her individual request for his or her scholarly research or use in teaching or preparation to teach a class:
     1. A chapter from a book;
     2. An article from a periodical or newspaper;
     3. A short story, short essay or short poem, whether or not from a collective work;
     4. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper.

• Multiple Copies for Classroom Use
  • Multiple copies (not to exceed in any event more then one copy per pupil in a course) may be made by the teacher giving the course for classroom use or discussion; provided that:
    1. The copying meets the tests of brevity and spontaneity as defined below; and,
    2. Meets the cumulative effect test as defined below;
    3. Each copy includes a notice of copyright.

    Definitions

    Brevity-

    i. Poetry: a. A complete poem if less then 250 words and if printed on not more then two pages or, b. from a longer poem, an excerpt of not more then 250 words.

    ii. Prose: a. Either a complete article, story or essay of less then 2,500 words, or b. an excerpt from any prose work of not more then 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words.

    Each of the numerical limits stated in "i" and "ii" above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.

    iii. Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or periodical issue.

    iv. "Special" works: Certain works in poetry, prose or in "poetic prose" which often combine language with illustration and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 works in their entirety. Paragraph "ii" above notwithstanding such "special works" may not be reproduced in their entirety:  however, excerpt comprising not more than two of the published pages of such special work and containing not more then 10% of the words found in the text thereof, may be reproduced.

    Spontaneity --

    1. The copying is at the instance and inspiraton of the individual teacher, and
    2. The inspiraton and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

    Cumulative Effect --

    1. The copying of the material is for only one course in the school in which the copies are made.
    2. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more then three from the same collective work or periodical volume during one class term.
    3. There shall not be more than nine instances of such multiple copying for one course during one class term.
    The limitations stated in "ii" and "iii" above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.

    III. Prohibitions as to I and II Above

    Notwithstanding any of the above, the following shall be prohibited:

    1. Copying shall not be used to create or to replace or substitute for anthologies, compilations or collective works. Such replacements or substitution may occur whether copies of various works or excerpts therefrom are accumulated or reproduced and used separately.
    2. There shall be no copying of or from works intended to be "consumable" in the course of study or of teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.
    3. Copying shall not:
       1. substitute for the purchase of books, publishers' reprints or periodicals;
       2. be directed by higher authority;
       3. be repeated with respect to the same item by the same teacher from term to term.
       4. No charge shall be made to the student beyond the actual cost of the photocopying.

    Please direct questions to Circulation Department
    Updated 7 January 2004

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