When it comes to distributing information, electronic reserves (e-reserves) can either be a librarian’s best friend or risky business. Copyright expert Laura (Lolly) Gasaway, director of the law library and professor of law at the University of North Carolina, took some time recently to talk with Copyright Clearance Center representatives about e-reserves and to offer her insight on the best ways to use this valuable technology lawfully.

Below are excerpts from that interview.

Q: How important are e-reserves to colleges and universities?
A: They’re extremely important. I think they are actually going to become more important over time because, increasingly, educators are using information through digital means. More information is available in digital formats, and faculty and students want everything electronically.

Q: What types of content are posted on e-reserve systems?
A: The most common materials are journal articles, book chapter and sometimes sample test questions and answers. Mostly they are the typical things that were on print reserve in the past.

Q: What copyright-related questions are academic librarians raising the most?
A: The most common questions asked are: whether they have to follow the ALA Model Policy on Reserves or the newer ALA e-reserve statement, and whether activities such as repeatedly putting copyrighted material on e-reserve are considered fair use.

Q: Can you talk more about the issue of repeated use?
A: The American Library Association’s 1982 Model Policy says you can use copyrighted content one semester without permission and, after that, if you want to continue to use it, seek permission and pay royalties if the copyright holder asks for royalties.

Q: There are many publishers who believe permission is required for every use of copyrighted material. What do you tell librarians?
A: What is good about the 1982 ALA guidelines is that they strike a balance. They say: one time free and, after that, seek permission and pay. There are some libraries whose staff members have decided that if it’s fair use the first time, it’s fair use repeatedly. Yet, there’s nothing in the Copyright Act that really leads to that conclusion.

Q: Librarians have mentioned that some professors are taking copyrighted content they used to include in coursepacks and are posting it on e-reserve, thinking they do not need copyright permission. What do you think of that?
A: I think that’s just wrong. I’ve heard that a lot. It’s the same as professors who think that if they can’t put specific content in a coursepack, then they’ll just put it on the Web. I always say that what they’ve just done is create an electronic coursepack.

Q: Another e-reserve question that comes up fairly frequently involves the timing of exactly when a content user must obtain copyright permission. In your opinion, are content users required to get permission prior to posting copyrighted material on e-reserve?
A: The timing issue is critical and is one of the reasons for the 1982 Model Policy. We literally get faculty who will come in today and say “I need this for Wednesday.” There is no chance to get permission. But if it’s never been used before, then I don’t even think you need permission that first time under the Model Policy. It permits one term’s use for that faculty member without permission.

Q: If a school subscribes to a print publication, are its librarians and staff authorized to scan an article or excerpt from that publication and then post that content on e-reserve?
A: One semester, and after that they need permission.

Q: What do you suggest for those who subscribe to electronic publications and want to post that content on an e-reserve system?
A: Read the license agreement for that title. It more than likely permits a link to that resource in the e-reserves system and may even permit reproducing a copy and uploading the copy of that article into an e-reserves system.

Q: How important is it for academic institutions to address e-reserves in their copyright compliance guidelines?
A: It’s becoming a major issue, so I think it’s really important. When I work with colleges on their policies, that’s one of the things I suggest they include.

Q: What specific issues relating to e-reserves do you recommend academic institutions touch upon in their copyright policies?
A: First of all, include information about one-time use of information: one semester’s use without seeking permission. If used another semester, seek permission. Second, password-protect copyrighted items so that content posted for a specific class is only accessible by students enrolled in that class. Third, whenever possible, link to resources that the college is licensed to use.

Q: Do most colleges and universities include information on e-reserves in their campus copyright policies?
A: Some do, but more of them include it in a library policy of some type. It really does not matter where the policy statement appears, but it is likely to be more widely available to the campus community if it is in a campus copyright policy as opposed to a library copyright policy.

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