Submission Date:
Question:
We were asked about signage to post over the public copier at a libraries open to the public. Below is some template language with footnotes explaining why they say what they do. Of course, before posting in your school or library, check with your lawyer!
Answer:
MAKING A COPY ON THIS MACHINE
MAY BE SUBJECT TO THE COPYRIGHT LAW OF THE UNITED STATES[1]
This means 4 important things:
1. Copying a copyright-protected work here could be a copyright violation.[2]
2. Copying protected works is sometimes allowed under "fair use."[3] We can't give you legal advice, but if you want to learn more about "fair use," go to https://www.copyright.gov/circs/circ21.pdf or see the [INSTITUTION NAME] Fair Use policy at [LINK].
3. Copying a copyrighted work to accommodate a disability under the ADA is allowed. However, to do that, please see the library staff, since adaptive copies have special rules,[4] and we want to help you (or a person you are assisting) exercise your rights.
4. As a library open to the public, there are special circumstances under which we get to make copies (libraries are special). However, to qualify for that protection, this notice (which we have, by law, placed over the copier right in front of you), has to say what it says in bold at the very top, and we have to operate by this rule:
Any person or group is forbidden to use this machine to engage in the related or concerted reproduction or distribution of multiple copies 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.
What does that mean? Entire classes should not come here and copy the whole text book for a course![5] Please don't do that.[6]
The copy machines are here for your use, and we appreciate your consideration of these laws.
Thanks!
[1] This precise language is required by 17 U.S.C. 108 for the library and its employees to be protected against allegations of secondary infringement.
[2] 17 U.S.C. 106 reserves the making of copies to the copyright owner.
[3] 17. U.S.C. 107 allows copying under certain circumstances, but simply "educational" or "not-for-profit" use is not enough. Read the guide at the link!
[4] See https://www.loc.gov/nls/about/organization/laws-regulations/copyright-law-amendment-1996-pl-104-197/.
[5] This is covered by 17 U.S.C. Section 108(f). Section 108 also lets libraries make copies for other uses...but that is for libraries, not regular people or students using a copier in a library.
[6] Seriously, if we see you doing that, we have to ask you to stop.
Tag:
Academic Libraries, ADA, Fair Use, Policy, Public Libraries, Section 108, TEACH Act, Templates, Disability
