Digital Millennium Copyright LawTeach ActCampus Copyright Rights and ResponsibilitesKnow Your CopyrightMotion Picture Licensing MPLCCopyright and Fair Use Guidelines for TeachersCONTU
This is the "Library" page of the "Copyright for Educators" guide.
Alternate Page for Screenreader Users
Skip to Page Navigation
Skip to Page Content

Copyright for Educators  

Last Updated: May 23, 2017 URL: http://libguides.hocking.edu/copyright Print Guide RSS Updates

Library Print Page
  Search: 
 
 

Reproductions

§ 108 . Limitations on exclusive rights: Reproduction by libraries and archives41

(a) Except as otherwise provided in this title and notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, except as provided in subsections (b) and (c), or to distribute such copy or phonorecord, under the conditions specified by this section, if— 

(1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage;

(2) the collections of the library or archives are (i) open to the public, or (ii) available not only to researchers affiliated with the library or archives or with the institution of which it is a part, but also to other persons doing research in a specialized field; and

(3) the reproduction or distribution of the work includes a notice of copyright that appears on the copy or phonorecord that is reproduced under the provisions of this section, or includes a legend stating that the work may be protected by copyright if no such notice can be found on the copy or phonorecord that is reproduced under the provisions of this section.

(b) The rights of reproduction and distribution under this section apply to three copies or phonorecords of an unpublished work duplicated solely for purposes of preservation and security or for deposit for research use in another library or archives of the type described by clause (2) of subsection (a), if— 

(1) the copy or phonorecord reproduced is currently in the collections of the library or archives; and

(2) any such copy or phonorecord that is reproduced in digital format is not otherwise distributed in that format and is not made available to the public in that format outside the premises of the library or archives.

(c) The right of reproduction under this section applies to three copies or phonorecords of a published work duplicated solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, or if the existing format in which the work is stored has become obsolete, if— 

(1) the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price; and

(2) any such copy or phonorecord that is reproduced in digital format is not made available to the public in that format outside the premises of the library or archives in lawful possession of such copy.

For purposes of this subsection, a format shall be considered obsolete if the machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.

(d) The rights of reproduction and distribution under this section apply to a copy, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, of no more than one article or other contribution to a copyrighted collection or periodical issue, or to a copy or phonorecord of a small part of any other copyrighted work, if— 

(1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research; and

(2) the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation.

(e) The rights of reproduction and distribution under this section apply to the entire work, or to a substantial part of it, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, if the library or archives has first determined, on the basis of a reasonable investigation, that a copy or phonorecord of the copyrighted work cannot be obtained at a fair price, if— 

(1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research; and

(2) the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation.

(f) Nothing in this section— 

(1) shall be construed to impose liability for copyright infringement upon a library or archives or its employees for the unsupervised use of reproducing equipment located on its premises: Provided, That such equipment displays a notice that the making of a copy may be subject to the copyright law;

(2) excuses a person who uses such reproducing equipment or who requests a copy or phonorecord under subsection (d) from liability for copyright infringement for any such act, or for any later use of such copy or phonorecord, if it exceeds fair use as provided by section 107;

(3) shall be construed to limit the reproduction and distribution by lending of a limited number of copies and excerpts by a library or archives of an audiovisual news program, subject to clauses (1), (2), and (3) of subsection (a); or

(4) in any way affects the right of fair use as provided by section 107, or any contractual obligations assumed at any time by the library or archives when it obtained a copy or phonorecord of a work in its collections.

(g) The rights of reproduction and distribution under this section extend to the isolated and unrelated reproduction or distribution of a single copy or phonorecord of the same material on separate occasions, but do not extend to cases where the library or archives, or its employee— 

(1) is aware or has substantial reason to believe that it is engaging in the related or concerted reproduction or distribution of multiple copies or phonorecords of the same material, whether made on one occasion or over a period of time, and whether intended for aggregate use by one or more individuals or for separate use by the individual members of a group; or

(2) engages in the systematic reproduction or distribution of single or multiple copies or phonorecords of material described in subsection (d): Provided, That nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work.

(h)(1) For purposes of this section, during the last 20 years of any term of copyright of a published work, a library or archives, including a nonprofit educational institution that functions as such, may reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work, or portions thereof, for purposes of preservation, scholarship, or research, if such library or archives has first determined, on the basis of a reasonable investigation, that none of the conditions set forth in subparagraphs (A), (B), and (C) of paragraph (2) apply.

(2) No reproduction, distribution, display, or performance is authorized under this subsection if— 

(A) the work is subject to normal commercial exploitation;

(B) a copy or phonorecord of the work can be obtained at a reasonable price; or

(C) the copyright owner or its agent provides notice pursuant to regulations promulgated by the Register of Copyrights that either of the conditions set forth in subparagraphs (A) and (B) applies.

(3) The exemption provided in this subsection does not apply to any subsequent uses by users other than such library or archives.

(i) The rights of reproduction and distribution under this section do not apply to a musical work, a pictorial, graphic or sculptural work, or a motion picture or other audiovisual work other than an audiovisual work dealing with news, except that no such limitation shall apply with respect to rights granted by subsections (b), (c), and (h), or with respect to pictorial or graphic works published as illustrations, diagrams, or similar adjuncts to works of which copies are reproduced or distributed in accordance with subsections (d) and (e).

 

Copyright

Under certain conditions libraries can make and distribute copies for preservation, private study and interlibrary loan purposes. The library must be open to public or researchers, copies made without commercial advantage, copy must include copyright notice. If a fee is charged it cannot exceed the cost recovery.
 
 
 

Fair Use Challenges in Academic and Research Libraries

     

    Posting Copyright Notice

    Section 108 of the U.S. Copyright Act includes a provision that gives protection for libraries.  The notices should appear on photocopiers, computers, scanners used by library patrons. This protects the library from liability for infringements committed by users. 
     
    Libraries can use any of the following statements which are recommended by the American Library Association:
    Notice: The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyrighted material. The person using this equipment is liable for any infringement.
     
       or
     
    Notice: The making of a copy may be subject to copyright law.
     
       or
     

    Notice Warning Concerning Copyright Restrictions

    The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.

     
     
    For more information about copyright law, the rights of copyright owners, and the right of fair use to make limited copies for purposes such as teaching, research, and study visit the website of the U.S. Copyright Office http://www.copyright.gov
     

    Library Exemptions

    Article or Excerpt
    A copy can be made at the request of a user if the copy becomes the property of the user for private study, scholarship or research. The work must also display copyright notice or warning. 
     
    Out of Print
    A work can be copied if a copy cannot be obtained or obtained at a fair price. First condition is that the copy becomes the property of the user for private study, scholarship or research. The work must also display copyright notice or warning. 
     
    Replacement Copy
    A library can make up to three (3) copies of a work for the purpose of replacing a copy that is damaged, deteriorated, lost or stolen if a replacement cannot be obtained at a fair price. If a digital copy is made it cannot be made available to the public outside the library.

     
     

    Interlibrary Loan

    A library can make copies or receive copies for the purpose of inter library loan (ILL) under Section 108 of the Copyright Act of 1976 and CONTU guidelines. These copies are made for individual scholarship. Libraries can only request 5 copies of articles from one journal title in one calendar year. The library at this point should consider purchasing a subscription to the journal. ILL cannot be used by the library to avoid purchasing. The library needs to keep records of both copies their library has received and sent for 3 years. Copies must have copyright notice. Copies become the property of library user.

    When a library lends a book to a patron from another library they are exercising "first sale" which means they can lend legally acquired materials.

     

     

    First Sale Doctrine

    When a copyrighted work is purchased or acquired legally the owner of the copy may dispose through any means, sell, give away, lend or rent. Section 109 of the U.S. Copyright Law allows libraries to lend works from their collection.

     

    Use of Videos

    Libraries can purchase videos and make available for checkout. The Copyright Law allows libraries to lend, preserve, and replace videos in the face-to-face classroom setting, and in distance education classrooms. 

    Libraries may loan videos to patrons for personal use, even when they are labelled "For Home Use Only."

    Showing a library video in face-to-face classroom is an exception to the public performance right; Must be: Conducted by a non-profit education institution ; connected to teaching activities ; takes place in classroom or other teaching environment ; and the video must be legally acquired. 

     

     

    Government Publications

    Federal U.S. government publications can be copied. Be careful because these publications can be made by outside companies and therefore the copyright might not belong to the government. This does not include state documents.

     

    Book or Media Icons

    Often libraries use icons to promote library materials, especially via webpages.  Legally this cannot be done without consulting the vendor. It seems unlikely that the vendor would be opposed to this use since it can lead to the purchase or the book.

     

    Library Purchases

    A library can purchase videos for circulation from retail outlets e.g. Amazon, Kmart.

    Description

    Loading  Loading...

    Tip