Fair Use or Not Fair Use: That Is the Electronic Reserves Question

Abstract

The copyright law provides libraries and faculty in educational institutions certain rights and exemptions under fair use. One of these rights is establishing reserve-reading services in support of the curriculum. While libraries have been able to provide reserve services within the confines of the law and fair use, the implementation of electronic reserves systems has raised a lot of issues for publishers and librarians. When establishing an electronic reserve service, libraries must make decisions regarding fair use, such as whether to fully maintain their rights or use a more conservative approach when ensuring copyright compliance. Decisions made by the library will determine the level of compliance for the institution and have a direct impact on the policies, procedures, and workflow required to implement an electronic reserves system.

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