The information included on this guide is intended for informational purposes only and is not and should not be taken as legal advice.
This set of pages has been designed with the job functions of Public Services in mind. Please note that this is not intended to be a comprehensive list of all the ways our work intersects with copyright law, nor all the sections of the law that may be relevant. Additionally, each section of copyright law is more nuanced than is presented here.
SLCC Library Services can lend physical materials through an exception in copyright law commonly called the First Sale Doctrine.
The First Sale Doctrine limits the copyright holder's right to distribute their work. Once someone else - like a library - has legally purchased the copyrighted work, they may distribute the material without additional permissions. For example, once Library Services has purchased a copy of a book, they are allowed to lend that book to patrons.
Owning an item is not the same as owning its copyright, but it is what enables libraries to operate through the First Sale Doctrine. Licensed materials, like databases or ebooks, cannot be shared under this exception. Please see the "Licensed Content and Copyright Law" section of the Content Services copyright page.
Whenever possible, original materials should be placed on Reserve. Photocopies should be placed on Reserve only as a last resort and must comply with applicable Fair Use Guidelines. Photocopies may be appropriate for Reserve when the decision to use the work is so close to the time it is to be used that prior permission cannot be secured, or when written permission to use a photocopy has been obtained from the copyright owner. The Copyright Clearance Center's Annual Copyright License for Higher Education may also allow for course reserve use of a material.
Electronic reserves (eReserves) refers to electronically accessible course readings or materials. Starting in 2025, the Library will discontinue its eReserve platform and support using Canvas for these materials. This approach assists with copyright compliance while providing students with legal access to content. Please refer to the "Electronic Course Reserves" guidance when working with faculty who wish to incorporate materials into their online teaching for best practices not covered here.
In processing interlibrary loan (ILL) requests, Library Services will ensure compliance with U.S. Copyright Law and its accompanying guidelines. Copyright compliance should be determined for each ILL copy request before it is transmitted, and a copyright compliance statement should be included on each copy request. Copyright files shall be maintained as directed in the CONTU Guidelines.
