Copyright: Libraries and Copyright

BYU (Brigham Young University) has explained this best. Please read what they have written to better understand why you or your students may be frustrated by what may appear to be arbitrary decisions.

Here are some excerpts from the BYU Libraries and Copyright

Quantity Limitations

Section 108 does not permit the making of unlimited copies of a copyrighted work. Instead, with limited exceptions, only “the isolated and unrelated reproduction or distribution of a single copy of the same material on separate occasions” is permitted. Copying by a library or archive is not permitted when the library or archive (1) is “aware” of “related or concerted reproduction or distribution of multiple copies of the same material” or (2) “engages in the systematic reproduction or distribution of single or multiple copies” or of articles or small excerpts of a copyrighted work.
The quantity limitations described in Section 108 (a) of “no more than one copy of a work” are different for the purpose of preservation of unpublished works and for replacement of unobtainable published works. For those purposes, a library or archive is permitted to make a maximum of three copies of a copyrighted work, subject to the other conditions set forth in sections 108(b) and (c).

Reproduction of Entire Copyrighted Works at Request of Users

Another situation frequently faced by patrons is the need for books or other publications that are no longer in print or for manuscripts, letters, and other archival materials that are maintained only in libraries or otherwise are not publicly available. Under section 108(e), a library or archive may copy entire works in response to a user request if it has no notice of non-scholarly use and displays a copyright warning. The library or archive also must have “first determined, on the basis of a reasonable investigation, that a copy of the copyrighted work cannot be obtained at a fair price.”

The Copyright Law for Libraries and Archives

U.S. Copyright Act, 17 U.S.C. § 108 Reproduction by Libraries and Archives

Copyright Law of the United States

U.S. Copyright Act, Title 17 Circular 92., June 2020

Library Copyright Resources

• CopyTalk Webinars, American Library Association – Includes multiple webinars and downloadable PowerPoint presentations on copyright in libraries as well as numerous other copyright resources.
• Applying Fair Use in Reserves Systems, Association of Research Libraries, Washington, DC
• CONTU Guidelines on Interlibrary Loan, Coalition for Networked Information
• Reproduction of Copyrighted Works by Educators and Librarians, U.S. Copyright Office
• Analysis of Section 108 by Kenneth Crews (prepared in 2001)
• Section 108 “Spinner” Tool, the American Library Association
• Public Domain Slider Tool, American Library Association
• The Section 108 Study Group convened for three years, and in its 2008 report proposed a variety of changes to the statute. No congressional action has occurred on these proposals, look for any new developments.
• VIDEO AT RISK: Strategies for Preserving Commercial Video Collections in Research Libraries
• Well-intentioned Practice for Putting Digitized Collections of Unpublished Materials Online, OCLC