Libraries are given special rights other than fair use. These rights are described in Section 108 of the Copyright Law.
May the library make copies of copyrighted material for patrons for research purposes?
- Copies may be made of portions of copyrighted works provided that the copy becomes the property of the individual patron and that the library has no notice that the copy is for purposes other than research or scholarship.
- Copies of entire works may be made provided that the copy becomes the property of the individual patron, the library conducts a reasonable investigation to conclude that a copy cannot be obtained at fair price, and that the library has no notice that the copy is for purposes other than research or scholarship.
May the library make copies for preservation purposes?
- If the work is unpublished the library may make a copy if the work is currently in the library’s collection and the copy is purely for preservation or security or for deposit at another library.
- If the work is published the library may make a copy if a reasonable investigation has been conducted to determine that a copy cannot be purchased at a fair price and the copy is to replace a copy that is damaged, deteriorating, stolen or in an obsolete format.
- Any copy or phonorecord that is reproduced in digital format may not be made available to the public in that format outside of the premises of the library or archives. For more information see the Digital Millennium Copyright Act.
Is the library responsible for copyright infringements on unsupervised copy machines or other reproducing equipment?
The library is not responsible for any copyright infringement provided that a notice is displayed informing users that copying is subjected to copyright law.