Section 107 of the Copyright Act of 1976.

Information on copyright and fair use  

Limitations on exclusive rights: Fair Use

Not withstanding the provisions of sections 106 and 106a, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

In determining whether the use made of a work in any particular case is a “fair use”, the factors to be considered shall include:

  • the purpose and character of the use
  • the nature of the copyrighted work being used
  • the amount and substantiality of the work being used
  • the effect of the use on the market for value of the original

The following use of copyrighted material is permissible according to fair use guidelines.

  • one chapter from any one book
  • one poem, short story, or essay from a collected work
  • one article from any one journal issue or newspaper
  • a short excerpt not to exceed 10% of a work without chapters or articles
  • a chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper

Each of these is for one semester and one course only. Subsequent semesters require copyright clearance.

Material that will be placed on Reserve without obtaining copyright clearance includes the following:

  • Quizzes/Exams/Solutions
  • Homework assignments
  • Study guides/syllabus prepared by instructor
  • Lecture notes
  • Student papers (with written authorization)
  • Government publications
  • Overheads prepared by the instructor

Reserve materials should make up a small percentage of required course readings. They are not intended to take the place of course packets.

Full bibliographic citations must be included with each article/chapter – even if it falls within the fair use guidelines.

Proper attribution must be obtained for all works on Electronic Reserve. Faculty who wish to place a student paper or other unpublished work on reserve must obtain written consent from the author before the work will be added. Please contact Library Reserves staff to complete the Permission for Created Works form for student papers or unpublished works. 

Library Reserves staff will not place material on reserve that does not comply right Fair Use or violates copyright laws. 

For Faculty
Who to Contact
Library Reserves
(760) 750-8363
Kelly Ann Sam
Library Services Specialist
(760) 750-4369