Statement of Copyright: Legal Statute Citation
U.S. Code: Title 17 - Copyrights
"The U.S. Copyright Act, 17 U.S.C. 101 - 810, is Federal legislation enacted by Congress under its Constitutional grant of authority to protect the writings of authors. Changing technology has led to an ever expanding understanding of the word "writings." The Copyright Act now reaches architectural design, software, the graphic arts, motion pictures, and sound recordings and more. As of January 1. 1978, all works of authorship fixed in tangible medium of expression and within the subject matter of copyright were deemed to fall within the exclusive jurisdiction of the Copyright Act regardless of whether the work was created before or after that date and whether published or unpublished."
Source: ALA Copyright for Libraries: General Information
Demonstrated Understanding of Fair Use
The Four Fair Use Factors will help to determine whether your fair use claims are valid (17 U.S.C. 107):
- Purpose and character of use.
Is it commercial (used for monetary gain) or non-commercial (used for educational purposes?
- Nature of the copyrighted work.
Is it based on something factual, such as a biography? Or is it purely creative fiction? Note: Courts are typically more protective of creative works (art, poetry, film) than non-fiction works (non-fiction, textbooks, journal articles).
- Amount/Portion of the work used in relation to the whole.
Is the amount requested or used no more or less than necessary to make your point and/or instruct your students?
- Potential market value.
How does your use affect the value of the copyrighted work's market value?
What is the publication status of the material?
Fair Use Checklist
Legal Counsel at MSMU:
This policy is for informational purposes only and is not legal advice. If you would like legal advice regarding copyright or author's rights, contact MSMU Legal Counsel.
MSMU Libraries Scanning and eReserves Statements
- MSMU is a non-profit university and a designated Hispanic Serving Institution (HSI), serving a diverse community including many low-income students. Affordability and accessibility are extremely important factors in determining reasonable Extent and Purpose in relation to Fair Use.
- MSMU Libraries will perform due diligence in obtaining or purchasing eBooks from our library vendors, explore all options, purchase print copies for the MSMU Reserves collection, and when necessary, provide scanned copies of readings to faculty for dissemination in our LMS, Canvas, which remains behind SSO firewall.
- In collaboration with faculty, MSMU Libraries staff will determine whether it is appropriate to provide a pdf or a proxy link to the needed materials.
- MSMU Libraries will NOT place any materials obtained through ILL or Document Delivery on Reserve.
- While the MSMU Libraries support the technical components of the scanning system, the patron assumes all liability associated with the use of duplicated materials under Section 108(f)(1) of the U.S. Copyright Act (Title 17, United States Code).
General Guidelines for Scanned Copies of MSMU Library Materials
What we can always provide to MSMU community members: (if available)
- 10% of an entire work*
- 1 chapter for every 10 chapters
- 1 article per journal issue (when requesting a document that is scanned from print)**
- Entire print news articles
- Table of Contents
*Note: Many sources may recommend that using 10% of the total work constitutes fair use, but this number varies on a case-by-case basis, depending on the users' needs. If instructors can justify that they are using no more than necessary to make their point or provide instruction, then their fair use claims may be validated.
**Note: This limit does not apply to the Article Request Policy; users may request as many articles as they wish from any journal issue. It simply applies to the number of articles MSMU Library staff may scan from an owned print journal for an individual patron.
MSMU Libraries Copyright Statement on Electronic Documents
- While the MSMU Libraries support the technical components of the scanning system, the patron assumes all liability associated with the use of duplicated materials under Section 108(f)(1) of the U.S. Copyright Act (Title 17, United States Code).