II. Guidelines For Santa Clara University Electronic Reserve

1. ERres, the electronic reserve system, should be limited to Santa ClaraUniversity students, faculty and staff.  This is accomplished by assigning a password to each course page.
2. ERes will not include any copyrighted material unless the instructor, the library, or other unit of the University possesses a lawfully obtained copy. The total amount of copyrighted material placed on ERes for a specific course as a matter of fair use should be small in proportion to the total assigned reading for a particular course.
3. The following copyright warning should be attached to each document in the Electronic Reserve System:

WARNING CONCERNING COPYRIGHT RESTRICTIONS: The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproduction 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 electronic transmission of reserve material is used for purposes in excess of what constitutes "fair use", that user may be liable for copyright infringement.

4. Material in ERes (exams, lecture notes, articles, book chapters) can only be accessed by course name or professor name.  The title or author is not searchable which, along with password protection, will help to ensure that the main users of the material will be students who are enrolled in the class.
5. At the end of each term, all material on ERes which has been handled by Heafey, Orradre or Media Services staff will be suppressed from the public access database.
6. Staff will assume that faculty members who submit items for electronic reserve have prepared copies within the terms of fair use. However, if an item is to be used in more than one course at a time, or for the same course on a repeating basis (successive quarters, annually, etc.), permission must be obtained from the copyright holders. Copies of the permission letters or statements must be submitted to the library with the materials.
7. The Library will obtain copyright permission if it is available through the Copyright Clearance Center (CCC)*.  If copyright permission is not available through the CCC, the faculty member is responsible for obtaining permission from the copyright holder and paying all related fees.  All letters of permission received from copyright holders, evidence of fees paid, and evidence of permission granted to faculty members by copyright holders, are kept on file in the Library.
8. Faculty members who mount their own ERes pages are individually responsible for following the above guidelines.  Failure to follow these guidelines may result in violation of copyright law.

* This service begins on a trial basis in Winter 2003, with full implementation anticipated for Fall 2003