Copyright in the Library Library Reproduction: Patron Requests

Generally

Section 108 authorizes libraries to respond to a variety of patron requests for copies. The relevant subsections are neutral regarding the medium of reproduction, thus, "copies" are not so narrowly defined as they are in the archive provisions. One may make a photocopy or an electronic copy or send a copy by facsimile machine.

Articles or small parts of works

If a patron requests part of a book or an article that the library has in its collection,1 the library must comply with the provisions of Section 108(d):

• The copy must become the property of the patron;
• The library should have no notice that the copy will be used for a purpose other than private study, scholarship or research;
• The library should have both a display and order form "Warning of Copyright."

Whole works

If a patron requests that a whole work be copied, the library must comply with the provisions of Section 108(e):

• Determine that a copy cannot be obtained at a fair price;
• The copy must become the property of the patron;
• The library should have no notice that the copy will be used for a purpose other than private study, scholarship or research;
• The library should have both a display and order form "Warning of Copyright."

Warning of Copyright

Sections 108(d)(2) and (e)(2) require that a warning be given to patrons and the form of the warning has been set forth in Copyright Office Regulations.2 The regulation places responsibility upon the library to provide patrons with specific information about the circumstances under which the library can legally respond to patrons' requests for copies and the patrons' responsibilities and liabilities under the law to request and use copies only under those appropriate circumstances. The regulations do not place a burden upon the library to determine whether a patron is acting properly in making a request or require from the patron any declaration of compliance with the law. The library is, however, permitted to deny requests that it believes would violate the law.

It is not clear how libraries should handle the Warning requirement in the phone, fax and email order environments. The regulation only requires that the Warning be placed on "printed forms" supplied by the library for placement of orders for documents. It would seem reasonable for the Warning to be included in any form that establishes an account providing for phone, fax or email orders. Further, if the library provides a form for fax or email orders, the Warning should be included on such form. Phone orders may not be amenable to the inclusion of a warning, but a warning does not appear to be required since no printed form is involved at the point an order is received. Nevertheless, a library could record the text of the Warning in its answer machine script if it felt one was necessary to be on the safe side.

Footnotes:

1 See Library Reprography: Interlibrary Loan for guidance regarding requests that cannot be fulfilled from the library's collection and for requests from other libraries for their patrons.

2 37 CFR Section 201.14. The warning can be found on pages 23 and 24 of Copyright Office Circular 21, "Reproduction of Copyrighted Works by Educators and Librarians." To find the warning quickly, search the document for 201.14.

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Crash Course in Copyright | Intellectual Property Section | Office of General Counsel