Library Class and Subject Guides: Textbook Affordability: Copyright and Fair Use

Copyright and Fair Use Resources

Copyright Guidelines (from MinnState)
In an effort to assist faculty, students and staff in determining whether and when use of a protected work is a fair use, the Minnesota State system office has adopted the following guidelines regarding the use and reproduction of copyrighted works for educational purposes.
FAQ About Copyright (from MinnState)
Fair Use (4 min.)
Learn more about Fair Use from this video from the U.S. Copyright Office.
Copyright and Educational Uses (5 min.)
Learn more about educational uses and copyright in this video from the U.S. Copyright Office.

Fair Use Best Practices for Faculty Using Library Resources in Courses

Based on guidance from the Minnesota State Colleges and Universities Office of General Counsel, Library Services advices faculty and staff to keep in mind these best practices in using Library resources, such as eBooks, eBook chapters, or journal articles, as course materials.

It is a best practice to provide links in D2L rather than downloading and sharing the PDF with your students. Linking to library resources is one of the best ways to be in compliance with U.S. Copyright Law. Check out our how-to guide to learn more about creating proper links to library content.
Complete a MinnState Fair Use Checklist for each library resource used for course materials and retain a copy (either physical or electronic) for three years after the last semester the resource was used. For example, if a resource was last used in Spring 2021, it is advisable to retain a completed copy of the MinnState Fair Use Checklist until Spring 2024. Completing the checklist will provide evidence that a faculty member has done their due diligence to examining fair use in the classroom.
Subject Librarians at Minnesota State University, Mankato can help in the determination of fair use, but while they can be the first contact point, they are not lawyers. If you need legal advice, please contact Gary Hunter, System Director for Policy & Procedure and Intellectual Property at gary.hunter@minnstate.edu.

Copyright Permission for Electronic Reserve

Following section 107 of the Copyright Act of 1976, “fair use” guidelines allow materials to be made available for one semester without obtaining copyright permission from the copyright holder, under certain circumstances. Materials used again for subsequent offerings of a course or for different courses taught by the same instructor are required to have copyright permission from the copyright holder. Memorial Library requests copyright and pays the royalties (please see electronic reserve copyright fee limits below) when materials placed on electronic reserve require permission.

Reserve Request forms are required well in advance of the date in which the e-reserve is needed by students for class to assure there is time to pursue copyright permission. Electronic reserves requiring copyright permission will not be placed on reserve until copyright permission has been granted.

ELECTRONIC RESERVE COPYRIGHT FEE LIMITS

Since the inception of electronic reserves at Minnesota State Mankato in fall semester of 2001, Library Services has covered fees charged by the copyright holder for the use of protected material placed on electronic reserve. The current copyright fee limits are as follows:

A limit of $50 per single e-reserve per semester.
A limit of $200 per course per semester.