If you are not the author, it is safest to assume that the work you wish to use is copyrighted. Copyrighted material may be covered by the fair use provisions of the U.S. Copyright Act (Section 107). Faculty members are responsible for securing copyright permission for materials not covered by Fair Use. 

The fair use doctrine is intended to protect the public good by permitting the use of copyrighted works to further educational, research, and scholarly activity. 

Four factors define fair use: purpose, nature of the work, amount, and market effect. If the purpose of your use of the work is educational and not commercial, it may well be fair use. If the work itself was developed for educational or research purposes rather than commercial use, fair use may well apply. Similarly, if you are not using a significant amount or heart of the work, and your use will have no effect on the copyright owner's ability to make money, your use may be protected by fair use.

Three tests define fair use: brevity, spontaneity, and cumulative effect.

Brevity is measured both quantitatively and qualitatively. One may reproduce only a small portion of any work, but still take the "heart of the work" and be in violation of fair use.  Quantitative guidelines permit use of:

• Single chapter from a book.
• Single article from a journal issue.
• Several charts, graphs, illustrations.
• Other similar parts of a work.  

Spontaneity suggests that the decision to use the work and the time for its use for maximum teaching effectiveness are so close that it would be impossible to obtain permission. The concept of spontaneity precludes posting materials for an extended period of time.

Cumulative effect, like market effect, addresses the impact of the proposed use on the value of the work.

Fair use is a legal concept and therefore open to interpretation.

The Reserve collection supports the instructional requirements of specific courses including those that deliver materials via the web-based course management software, Blackboard. The Reserve collection, which changes each term, includes both copyrighted material (such as book chapters and journal articles) and uncopyrighted material (such as sample tests and lecture notes supplied by faculty members).
 
In accordance with the American Library Association "Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use," faculty members are reminded that:

• Material placed on reserve for succeeding terms is not covered by fair use.
• Materials may be posted on an unsecure network for only 15 days.
• Password restriction by itself does not satisfy the fair use standard.
• Materials or access to materials should be removed promptly when a term concludes.
• Copyright notices must be posted with copyrighted materials.
• A clear caution against further electronic distribution must be posted with copyrighted materials.
• Copying shall not be used to create or to replace anthologies, compilations or collective works.
• Copying shall not substitute for the purchase of books, publisher's reprints or periodicals. 
• Consumable works like workbooks, study guides, and test banks may not be copied.
• Links to materials on vendor web site may be posted in lieu of posting the materials themselves.

US Copyright Office

Circular 21 Reproduction of Copyrighted Works by Educators & Librarians