Copyright Restrictions

The Copyright Law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.

Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “Fair Use”, that user may be liable for copyright infringement.

Instructors wishing to place photocopies of published materials on Reserve must abide by all USFSP and USF System Policies, as well as copyright law. The instructor must provide all reprinted material (including multiple copies) to be placed on Reserve; the instructor is therefore responsible for copyright compliance. Instructors must sign the Compliance statement on the printed Reserve form. Graduate assistants may not sign in the instructor’s stead.

The Copyright Law of the United States (Title 17 US Code Section 108) governs the making of photocopies or other reproductions of copyrighted material. The University of South Florida adheres to this statute by relying on the fair use provisions of the copyright law and by obtaining permission of the copyright holder where applicable. Instructors should review the USF System’s Copyright Policy at http://regulationspolicies.usf.edu/policies-and-procedures/pdfs/policy-0-105.pdf which clearly reviews what is acceptable and also the U.S. Government’s Copyright section on Fair Use at http://www.copyright.gov/fls/fl102.html

Electronic Course Reserve procedures at the University of South Florida for materials protected by copyright rely on the fair use section of the Copyright Act of 1976. Section 107 of the Copyright Act identifies four factors in determining fair use:

•The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

•The nature of the copyrighted work;

•The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

•The effect of the use upon the potential market for or value of the copyrighted work.

Fair use does not allow for photocopying significant portions of published texts. Both USF System policy and national law urge faculty to err on the side of caution when photocopying materials for instructional purposes.

Faculty members are responsible for obtaining the correct permissions from copyright holders for items placed on Reserve or uploaded to a course management module. Copyright compliance is mandatory.