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P2P Copyright Network Training Dashboard: First Sale & Library Exceptions

P2P Network Training Dashboard

First Sale and Library Exceptions: Syllabus

Video: Bobbs-Merrill v. Straus

SECTION 108: COPYRIGHT EXCEPTIONS FOR LIBRARY & ARCHIVES COPYING

GROUND RULES
These apply to all types of library and archives copying and distribution The library’s collection is open to the public OR available to outside researchers Copying and distribution is NOT for any purpose of direct or indirect commercial advantage Each instance of copying is isolated from and unrelated to any prior copying and includes no more than one copy, except three copies are allowed for preservation or replacement purposes. The copy includes the “notice of copyright” appearing on the original, OR if no notice can be found on the original, a legend “stating that the work may be protected by copyright.” The material copied and distributed is NOT a musical, sculptural, graphic, motion picture, or audiovisual work UNLESS for these reasons The copying and distribution is solely for preservation or replacement; or The audiovisual work contains or deals with “news;” or A graphic would be copied and distributed as an illustration or adjunct to a work that may be copied for patrons or for interlibrary loan

Video: Kirtsaeng

First Sale and Library Exceptions: Slides

Section 108: Explained

scroll through the tabs: section 108

Unpublished Works	Published Works
Meet the Ground Rules The three copies are solely for preservation and security, OR for deposit for research use in another qualifying library The copyrighted work is currently in the collection of the copying library “Digital” copies are not distributed or made available to the public outside of the “premises” of the library or archives	Meet the Ground Rules The three copies are solely for replacement of a work that is “damaged, deteriorating, lost, or stolen, or if the existing format of the work has become obsolete.” The library has determined through reasonable efforts that an unused replacement for the original work cannot be obtained at a “fair price.” “Digital “copies are not distributed or made available to the public outside of the “premises” of the library or archives “in lawful possession of such copy.” Note: A format is obsolete IF the machine or device that makes the work usable is “no longer manufactured” or “reasonably available in the commercial marketplace.”

Articles & Portions
Meet the Ground Rules The copy is made from the collection at the library from which the user requests it OR from another library’s collection such as through interlibrary loan The copy becomes the user’s property The library has no information that the copy would be used for other than private study, scholarship, or research The library displays a copyright “warning” notice where orders are accepted and on order forms And in addition, if the copy is a large portion or entire work… The library has determined through a reasonable investigation that a copy of the original copyrighted work cannot be obtained at a “fair price.”

Section 108 absolves the library from liability for the unsupervised use of “reproducing equipment” on its premises, provided that the library displays a notice on the reproducing equipment indicating that making a copy may be subject to copyright law.

Published Works
Meet the Ground Rules The library concludes that the work is within the last 20 years of copyright protection The work is copied, displayed, distributed, or performed for preservation, scholarship, or research Unless the library first determines by “reasonable investigation” that… The work is subject to “normal commercial exploitation. A copy can be obtained at a “reasonable price.” The owner provides “notice” that either of the previous conditions apply.

Interlibrary loan cannot result in “such aggregate quantities as to substitute for a subscription or purchase of such a work.” In 1979, the National Commission on New Technological Uses of Copyright Works (CONTU) guidelines issued guidelines that suggested that libraries pay a fee or buy a subscription after receiving up to five copies of articles from the most recent five years of a journal title during one calendar year. Many libraries in the U.S. follow these guidelines.