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Copyright Compliance Guide: Electronic Reserve Information

Introduction

This resource helps HSC faculty members quickly determine if a copyrighted item can be legally placed on Hardcopy Reserve or if a digital file of copyrighted material can be placed on E-reserve at the UNM Health Sciences Library and Informatics Center (HSLIC).

Other resources at this site can guide your use of copyrighted materials.

Although copyright compliance sometimes can be complicated, this resource helps you to identify the best ways to be compliant in several common situations.

Electronic Media

If you are arranging to have your students link via Electronic Reserves to a media item that fits one or more of the following criteria:

  • Electronic media file lawfully acquired or licensed for access by HSLIC or another UNM (Albuquerque) library
  • Freely available from another website (example: another non-profit educational institution)

You should have no problem in complying to current copyright law.

 


But If the electronic media file that you want your students to access fits the following criterion:

  • Not lawfully acquired or licensed for access via HSLIC or another UNM (Albuquerque) library

You might be in violation of current copyright law.

Electronic reserve copyright practices are governed by both Fair Use guidelines and the TEACH Act. Please consult the Fair Use module at this website and the Fair Use and TEACH Act segments of the Resources for Further Guidance modules.

Electronic Journal Article

If you are arranging to have your students link via password protected Electronic Reserve to an article fitting one or more of the following criteria:

  • Electronic Journal owned or licensed for access by HSLIC or another UNM (Albuquerque) library
  • Freely available from an open access source such as PubMed Central or Public Library of Science (PLoS)

You should have no problem in complying with current copyright law.

 

You can link to an electronic journal indefinitely as long as HSLIC continues to hold a license for access to the electronic journal title containing the article, or it continues to be freely available otherwise. You also can refer students to an unlimited number of articles from any electronic journal owned or licensed for access by HSLIC or another UNM (Albuquerque) library.


 


But If the article that you want your students to access fits one or more of the following criteria:

  • An electronic Journal not owned or licensed for access via HSLIC or another UNM (Albuquerque) library
  • PDF versions of an article from a third party source such as your own subscription or via InterLibrary Loan
  • The license for the electronic journal expressly prohibits linking to it via Electronic Reserve

Then, you might be in violation of current copyright law.

Please note that articles that you have authored are often allowed to be used in your teaching regardless of whether the library subscribes to the journal title, but you must check the Copyright Transfer Agreement that you signed when you published the article to know explicitly what your rights are.

Electronic reserve copyright practices are governed by both Fair Use guidelines and the TEACH Act. Please consult the Fair Use module at this website and the Fair Use and TEACH Act segments of the Resources for Further Guidance modules.

Electronic Books

If an electronic book is owned or licensed by either:

  • HSLIC
  • Another UNM (Albuquerque) library

you can have your students link to this work via password protected Electronic Reserve.

If your electronic book is freely accessible via a service such as the National Library of Medicine's Book Shelf at:

http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?db=Books&itool=toolbar

You can have your students link to it via Electronic Reserve.



Linking to electronic books via Electronic reserve to the following sources might be violations of current copyright law for:

  • Books not owned by HSLIC or another UNM (Albuquerque) library
  • Books not freely accessible
  • PDFs of all of an entire book, or probably even more than 20% of a book
  • PDFs of a book you own, but do not have permission to make available to others
  • The license for the electronic book expressly prohibits linking to it via Electronic Reserve

Electronic reserve copyright practices are governed by both Fair Use guidelines and the TEACH Act. Please consult the Fair Use module at this website and the Fair Use and TEACH Act segments of the Resources for Further Guidance modules.

Electronic Book Chapter

You can arrange to have your students link to chapters in electronic books that are owned or licensed by either:

  • HSLIC
  • Another UNM (Albuquerque) library

You can have your students link to this work via password protected Electronic Reserve.



You might be in violation of current copyright law if your book chapter came from one of the following sources:

  • Book not owned by either HSLIC or another UNM (Albuquerque) library
  • Book not freely linkable
  • PDF of book chapters from a third party such as a colleague
  • PDF of a book or book chapters obtained via InterLibrary Loan

A PDF of a book which you individually own or to which you possess a license might be compliant with current copyright law, but please see the next paragraph for guidance.

Electronic reserve copyright practices are governed by both Fair Use guidelines and the TEACH Act. Please consult the Fair Use module at this website and the Fair Use and TEACH Act segments of the Resources for Further Guidance modules.