Copyright and Fair Use 2024
- Copyright Basics
- Public Domain and Creative Commons
- Fair UseToggle Dropdown
- For Faculty
- For Students
- For Graduate Students
- Permissions
- Copyright Books
- Dig Deeper
- SHU copyright policy This link opens in a new window
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Obtaining Permission
Permission from copyright holders is often needed when creating course materials, research papers, and web sites. You need to obtain permission when you use a work in a way that infringes on the exclusive rights granted to a copyright holder (i.e. outside the boundaries of fair use).
Steps that need to be followed to obtain permission to use copyrighted material:
- Determine if permission is needed for the work you want to use.
- Identify the copyright holder or agent.
- Send written request for permission to use. Remember to give yourself ample lead time, as the process for obtaining permissions can take months. Decide if you are willing to pay a licensing fee/royalty.
- If the copyright holder can't be located or is unresponsive (or if you are unwilling to pay a license fee), be prepared to use a limited amount that qualifies for fair use, or use alternative material.
Special Note regarding Survey Instruments
Please be aware that in the majority of cases, you (or you students) need express written permission from the copyright holder to use survey instruments (questionnaires etc.) in your research. Many individual copyright holders ask only that you obtain permission and acknowledge them in any publications, including dissertations and theses, but some instruments require a fee.
IMPORTANT: obtaining permission to use an instrument does not give you the right to publish the instrument itself, or provide a link to it. Doing so is violation of copyright and can lead to legal action.
Copying Computer Software
Computer software is tangible material and can be copyrighted. The Doctrine of Fair Use applies to computer software.
Permissible uses of copyrighted software owned by or licensed to the University or its faculty:
- Copying it by using it in a computer's memory.
- Making one backup or archival copy.
- Making adaptations in order to use a particular machine.
- Lending it.
- Selling it, in which case the backup or archival copy must be destroyed.
Prohibited uses of copyrighted software:
- Making copies for gift or sale.
- Copying a computer program purchased for use at the University in order to use it at home.
- Copying a computer program purchased for use in one department or school for use in another department or school. A site license should be negotiated to allow multiple uses on campus.
Faculty Guidelines for Course Reserves
The Libraries’ course reserves system supports the educational needs of our students by providing the access to specific course-related materials designated by the teaching faculty. Any required, recommended, or supporting materials for a course offered by Seton Hall University may be placed on reserve for the semester in which the class is offered. Use of course reserves is limited to currently enrolled Seton Hall University students and currently employed faculty for educational, non-commercial purposes.
Electronic items will be made available through the Library Tools tab in the Canvas learning management system. Physical items placed on reserve are held at the circulation desk at either Walsh Library or Turro Seminary Library and are available for students to check out for 3 hours. There are no physical reserves held at the IHS Campus.
Items that can be placed on reserve:
- Books
- Articles
- Audio Visual Materials
- Personal copies of the above items
Items that cannot be placed on reserve:
- Whole Journal volumes
- Archives or Special Collections Material
- Materials from other libraries
For all items for reserve please complete the Course Reserves Request Form. Requests cannot be made over the phone or in person.
Please contact reserves@shu.edu or 973-761-9435 if you have questions.
- The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
- The nature of the copyrighted work.
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
- The effect of the use upon the potential market for or value of the copyright work. Only a small portion of the work will be scanned for reserve.
All material submitted for reserve must be copies in the possession of the University Libraries, a faculty member, or some other unit of the university.
The library reserves the right to return material and/or refuse reserve requests that do not comply with Fair Use guidelines unless the faculty member provides written permission from the legal copyright holder to place an item on reserve. The library will not pay copyright fees. Faculty members interested in obtaining copyright should:
- Visit the Copyright Clearance Center (copyright.com) for information on purchasing copyright.
- Contact the copyright holder directly to obtain permission to use the item.
Still have questions about copyright and fair use? Seton Hall has a copyright policy that will help.
Placing Items On Reserve
We recommend that requests be submitted 2-3 weeks prior to the start of the course. Requests will be processed anytime they are received but during high volume times it may take longer. Requests will be processed in the order they are received.
Requests are processed Monday-Friday and will be processed in 2-5 business days depending on volume.
For all items for reserve please complete the Course Reserves Request Form. Requests cannot be made over the phone or in person.
Please contact reserves@shu.edu or 973-761-9435 if you have questions.
Materials that may be placed on reserve
Any required, recommended, or supporting materials for a course offered by Seton Hall University may be placed on reserve for the semester in which the class is offered.
The University Libraries provide access to reserve materials in two formats:
Electronic materials (pdfs, links, etc.) are accessible through the University Libraries’ Course Reserves service. Documents that are to be placed on e-reserves need to be legible in order for our Optical Character Recognition software to recognize the text. Due to these requirements documents that are illegible will not be accepted and will be returned.
The library reserves the right to return material and/or refuse reserve requests that do not comply with Fair Use guidelines unless the faculty member provides written permission from the legal copyright holder to place an item on reserve.
- Journal articles – Journal articles can be scanned and provided as a PDF if only in physical form, otherwise a link will be provided to an electronic copy of the journal article. Providing a link helps the library count each usage to understand how actively a journal is used.
- Ebooks – Any ebook that the library owns is available for reserve. A link will be provided to access the ebook.
If the ebook is not owned the library will purchase a multi-user copy. In order to facilitate processing please include a complete citation, including title, author, publisher, date of publication, edition, and an ISBN. Please note that ordering and processing of new items can take 3-6 weeks before it will be available for reserve. If we are unable to purchase multi-user permissions for an ebook for reserve we will purchase a physical copy. - Streaming Media – Films or documentaries that the library has purchased a streaming license for classroom viewing.
Physical items (e.g. print books, audio-visual materials, software, study manuals and other print materials) at the circulation desk, located on the main floor of Walsh Library. Physical reserve items for the Seminary library are located in the Seminary Library office. There are no physical reserves held at the IHS Library.
- Books - Any book that the library owns is available for reserve. Books are available for a two hour check out period.
If the book is not owned, a personal copy can be placed on reserve. Please bring it to the circulation desk at Walsh Library. You can also request that the library orders a copy book. In order to facilitate processing please include a complete citation, including title, author, publisher, date of publication, edition, and an ISBN. Please note that ordering and processing of new items can take 3-6 weeks before it will be available for reserve. - DVDs/CDs/Audio Visual Material – The library can place physical DVDs, CDs, other Audio Visual Material on reserve. The check out period for such material is two hours or the length of the movie/item depending on which is longer.
When submitting personal copies for reserve please include a full citation. The library is not responsible for lost or damaged items placed on reserve. A barcode will be added to the item.
Electronic reserves are only accessible during the semester indicated for use. Courses can be reactivated by emailing reserves@shu.edu. We follow TLTC's Canvas Retention Procedure for retention of electronic course material.
An email notification to all the faculty who have physical reserve items will be sent on or before August 1st to inform them that their reserve items will be removed on or after August 15th. Physical course reserve materials need to be picked up prior to August 15th, after that any physical items that are not owned by the library will be returned to their respective departments.
Need help? Contact reserves@shu.edu or 973-761-9435.
The information stored in the e-reserves database is protected under the Copyright Laws of the Unites States (Title 17 U.S. Code) governing the making of photocopies of copyrighted material. While the provisions of "fair-use" apply, the person using the system is liable for any infringement of copyright.