Each borrowing library is responsible for assuring the lending library that its requests for photocopies are in full compliance with the Copyright Act of October 19, 1976 (Public Law 94-553). Much of the photocopying in libraries is covered under section 108 of the Copyright Act, "Limitations on exclusive rights: Reproduction by libraries and archives." This section notes, in part, that it is not an infringement of copyright for a library, or any of its employees acting within the scope of their employment, to reproduce one copy of a work, or to distribute such copy if
(a) The reproduction or distribution is made without any purpose of direct or indirect commercial advantage;
(b) The collections of the library are open to the public; and
(c) The reproduction includes a notice of copyright.
The section further notes that the rights of reproduction and distribution under the section apply to a copy, made from the collection of a library where the user makes his or her request or from that of another library, of no more than one article or other contribution to a copyrighted collection or periodical issue, or to a copy of a small part of any other copyrighted work if
(a) The copy becomes the property of the user and the library has had no notice that the copy would be used for any purpose other than private study, scholarship, or research; and
(b) The library displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright.
Under the guidelines which have been published to assist libraries in interpreting the copyright law, a library should not request through interlibrary loan within any calendar year, six (6) or more copies of an article or articles in any given periodical published within five (5) years prior to the date of the request. If the library does need to request six (6) or more articles in a given periodical published within five years, the library should enter its own subscription to the periodical, or use for fee services. When requesting photocopies be sure to signify copyright compliance. In general, if the article was published within the past five years, check the CCG box; otherwise, check the CCL box.
Records of all requests made for copies should be retained until the end of the third complete calendar year after the end of the calendar year in which the respective request was made.
Circular 21, "Reproduction of Copyrighted Works by Educators and Librarians," which fully explains Section 108 and the other sections of the Copyright Act is available from the Copyright Office, Library of Congress, Washington, D.C. 20559 or may be borrowed from NSLAPR.
Public Law 94-553, Copyright Law, Title 17, U.S. Code, may be found in the United States Statutes at Large, 94th Congress, 2nd Session, 1976.
For information regarding the Digital Millennium Copyright Act (DMCA) and Copyright Law, some URLs to try are:
The Library of Congress http://lcweb.loc.gov/copyright/legislation/dmca.pdf
Digital Future Coalition http://www.lawforwa.org/digital-future-coalition
U.S. Copyright Office http://www.loc.gov/copyright/title17/
NSLAPR strives to ensure all website users have complete access to our online content. NSLAPR's Website Team is continuously working on making our website compliance more robust.
NSLAPR welcomes comments on how to improve our website's accessibility for users with disabilities. If site visitors interfacing with our website, they should contact the Website Team. The e-mail to the Website Team should include the nature of the accessibility problem; the preferred format in which to receive the materials; the web address of the requested materials; and the contact information for the site visitor.
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