Developed in consultation with University Legal Services

Reserve and Media Services attempts to adhere to all federal copyright laws. The following policies are meant to aid all parties in conforming to fair use provisions of the copyright law.

The creation and transmission of digital audio file copies of copyrighted recordings for course reserve purposes will adhere to the following conditions:

1. All initial and subsequent use of audio materials for electronic transmission will be pursuant to the U.S. Copyright Act including its Fair Use analysis and/or its TEACH Act provisions.
2. Reserve and Media Services will make digital copies only for works that are being taught in the course and are to be used for the non-commercial, educational purpose to benefit students enrolled in the course.
3. Digital copies must be for and technologically limited to individuals who have been authenticated to access these files.
4. In compliance with copyright, Reserve and Media Services may provide electronic transmissions of the following audio materials:
   • Performances (partial or entire) of all non-dramatic literary or musical works. Such works would include the display or performances of poetry or short-story reading; all music other than opera, music videos, and musicals.
   • Reasonable and limited portions of any dramatic musical works (including opera, music videos, musicals).
   • Materials with appropriate permissions of the copyright holder.
5. In compliance with copyright, Reserve and Media Services will not provide electronic transmission of the following audio materials:
   • Materials specifically produced or marketed for classroom use or for digital distance education (i.e. materials currently available electronically).
   • A performance or display that is given by means of a copy not lawfully made or acquired or that Reserve and Media Services knows or has reason to believe was not lawfully made or acquired.
   • Materials typically purchased by the students for use outside the classroom or class session. (i.e. Audio recordings that the students are normally required to purchase. Examples may include: recorded anthologies or recordings purchased in conjunction with required textbooks).
   • Materials without appropriate permissions if the nature, scope, or extent of copying is judged by Reserve and Media Services to exceed the reasonable limits of "fair use" under copyright.
6. Either the institution or the course instructor should own an original copy of the work. The Library will attempt to purchase a copy of the item whenever possible. If a digital version is not available, Reserve will accept a copy made from an analog original. When doing so, the copy will include only the amount requested for transmission.
7. The Library will remove access to the files at the completion of the course.
8. The Library may store course files for future re-use.
9. Reserve and Media Services will provide a "Copyright Notice" on appropriate screens of the Reserve system to indicate to all users that the electronic materials available for the course are subject to U.S. Copyright law and copying or downloading of the electronic file is prohibited.
10. For specific instructions on the submission process, please see Instructor forms & information, or contact Reserve Processing at (515) 294-4958.