Notice of Copyright Statement - to be placed near a copier
The library or archives will not be liable for copyright infringement when a patron makes copies using unsupervised reproducing equipment located on its premises, provided that the equipment displays a notice that the making of a copy may be subject to the copyright law. This statute is broadly written, using the term, “reproducing equipment” and can include library photocopiers, scanners, computers, 3D printers, and other reproducing equipment. Neither the statute nor the regulations give specific language for the notice.
The Reference and User Services Association (RUSA), a division of ALA, suggests the following language to be displayed on or near unsupervised reproducing equipment as required in subsection 108(f)(1):
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.
Librarians generally don’t ask if storytelling is an infringement of copyright. Don’t worry—it isn’t, but have you ever considered why? Telling a story aloud to a group of people technically is a public performance, one of the exclusive rights of the rights holder.
Many librarians like to include film or DVD screenings in their library programs. Can you do this without first obtaining permission from the copyright holder? It depends. In general, public performance rights (PPR) are necessary for any screening that does not take place in the face-to-face classroom or is not a key element necessary to meet a teaching objective in an online or digital course offered by a non-profit educational institution.
Librarians need to weigh their options before they proceed with movie exhibitions. Your decision will depend on your judgment to a certain extent. Is your institution willing to take a risk? Or would you rather be safe than sorry? You may want to discuss the concern with legal counsel before making your decision. (The article is on page 28 of the PDF.)
From the American Society of Composers, Authors and Publishers (ASCAP), a membership association of U.S. composers, songwriters, lyricists, and music publishers of every kind of music. ASCAP protects the rights of its members by licensing and distributing royalties for the non-dramatic public performances of their copyrighted works.
A “performing right” is granted by the U.S. Copyright Act to owners of musical works to license those works for public performance. Businesses which typically license music include broadcast radio and TV stations, cable radio and TV stations, places such as nightclubs, hotels, discos, and other establishments that use music in an effort to enhance their business.
Society of European Stage Authors and Composers (SESAC) offers a blanket license agreement that is recognized as the most convenient and cost effective method to obtain the required authorization to publicly perform all of the copyrighted music in the SESAC repertory.
This article provides responses to five copyright scenarios—institutional pricing, the face-to-face classroom, video copying and replacement, film clips and streaming video—that are frequently faced by librarians who manage and acquire media.
When can the library make a digital copy of an item? This is an extremely complicated question to answer. Whether you want to copy a single VHS to DVD, or scan an entire collection of unpublished diaries, this is a question librarians frequently must answer.
Explores copyright implications of large-scale preservation and access programs arising from unprecedented massive reformatting of deteriorating acidic-paper materials. Provides comprehensive review of copyright law and subsequent judicial interpretations, as well as proposed alternative means to protect intellectual rights while simultaneously expanding access to preserved materials.
Libraries routinely rely on Section 108, the limitations on exclusive rights specifically for libraries and archives in US Copyright Law. Included in Section 108 are provisions for libraries and archives to make replacement copies of published works in their collections if the work is ‘damaged, deteriorating, lost or stolen, or if the existing format in which the work is stored has become obsolete’. What is obsolete?
A library cannot simply begin digitizing all of their VHS tapes though. Section 108 requires that, prior to duplication, a reasonable search be conducted to determine that an unused copy of the title is not available at a fair price, and evidence of that search should be kept. This database captures the search efforts for current distribution of VHS video titles eligible for duplication under Section 108 of U.S. Copyright law.
Making Digital Copies
Qualifying libraries and archives have many allowances under the copyright law for making copies of protected works for library users, for interlibrary loan, preservation and replacement. These are specified in Section 108 (Limitations on exclusive rights: Reproduction by libraries and archives) of the code. However, making digital copies of analog works or digital works is more restrictive.
What is permitted:
Works in the last 20 years of copyright protection may be digitized--either for the web or from an analog (e.g., VHS) to digital (e.g., DVD) reproduction--as long as the library has made a reasonable investigation to ensure that the works are not subject to normal commercial exploitation or available at a reasonable price, or that the copyright owner has not filed a notice with the Copyright Office (Section 108(h)(1-2).
If the library digitizes any protected work, that digital copy must remain in the library. Published works must not be commercially available at a reasonable price. Unpublished works may be copied only for preservation, security or deposit in another qualified library.
What is described above does not affect your Fair Use rights. In other words, Section 108 may not allow certain copying, but fair use might allow that same copying after a consideration of the four factors of fair use.
The Digital Millennium Copyright Act of 1998 amended several areas of the U.S. copyright law law including Section 108, "Limitations on Exclusive Rights: Reproduction by Libraries and Archives." Section 108 of the copyright law allows libraries and archives to reproduce and distribute one copy of a work under certain circumstances.
Creative Commons is a not-for-profit organization that provides free tools that let authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry. You can use CC to change your copyright terms from "All Rights Reserved" to "Some Rights Reserved."
Creative Commons is not an alternative to copyright - it's just an option of a different way to share works, and it fundamentally relies on copyright - you must own a copyright in a work in order to make it available under a Creative Commons license.
The American Heritage Dictionary of the English Language, 4th edition defines the act of plagiarizing as: "To use and pass off (the ideas or writings of another) as one's own." or "To appropriate for use as one's own passages or ideas from (another). intr. To put forth as original to oneself the ideas or words of another."
Many articles, websites, blogs, and other resources about plagiarism can be found through a web search using the terms <preventing plagiarism>.
Comments, Statements, and Letters on the Google Library Project Settlement from the Library Copyright Alliance (LCA), whose members include the American Library Association, the Association of Research Libraries, and the Association of College and Research Libraries