A COPYRIGHT GUIDE FOR KUMC EDUCATORS

Archie Dykes Library

This document is not a policy statement. It is a summary and explanation of existing copyright law and regulations emphasizing matters of importance for KUMC teachers and scholars.

Copyright is an important legal right which is granted to creators of intellectual property. It secures for a limited time to authors, the exclusive rights to their creations. These rights include reproduction, adaptation, performance, and distribution of a copyrighted work.

Copyrights are property which may be bought and sold. Title to copyright originally vests in the author or creator, who may in turn sell or assign it to someone else. Works created under contract, or for hire, should clearly state in the contract who will own the resulting copyright. In scientific, technical and medical publishing, authors routinely assign their copyrights to publishers who print their articles.

Here's a summary of links to important topics in this document:

What is protected and not protected by copyright.

How long do copyrights last?

What specific limitations to the copyright law are available to KUMC employees engaged in teaching, research and scholarship?

What additional limitations to copyright law are available to teachers using copyrighted classroom materials?

What fair use guidelines exist for any educational multimedia productions I create?

What regulations govern the reserve materials I place in the Library?

What about the use of copyrighted materials in the Virtual Classroom?

How does the copyright law affect libraries?

EXCLUSIVE RIGHTS IN COPYRIGHTED WORKS

Here's the text of Section 106 of the Copyright Law which enumerates the exclusive rights granted by the law.

Section 106. Exclusive rights in copyrighted works

Subject to sections 107 through 120, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

to reproduce the copyrighted work in copies or phonorecords;
to prepare derivative works based upon the copyrighted work;
to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; and
in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly.

Materials protected by copyrightCopyright is used to protect works that are literary, pictorial, graphic, sculptural, or musical (including sheet music and sound recordings). As noted in the law, copyright also protects works that are derivative of other copyrighted works, including compilations. Copyright allows the owner the exclusive right to reproduce, copy, distribute, perform or display the owned work.

Materials not protected by copyright:

works lacking originality
individual words and short phrases (though these may be trademarked if they represent a commercial idea or property)
ideas
procedures
processes
systems
methods of operation
methods of business
concepts
principles or discoveries, or
works created by the US government (with a few exceptions).

The duration of copyright depends on the date the work was published or created.

A detailed table of copyright durations, prepared by copyright expert Laura Gasaway, is available.

For this discussion, here's a short summary of copyright duration:

For works published before 1978, copyright protection extends 75 years from the date of publication. For works created during or after 1978, copyright protection covers the life span of the last surviving author plus 50 years. For works created by a business, copyright protection spans either 75 years from publication or 100 years from creation, whichever is shorter.

Currently, copyright protection takes effect the moment an idea is fixed in tangible form. Remember, it is not the idea that is copyrighted, it's the tangible expression of the idea that's protected. Copyright is in force whether or not the copyright statement appears on the item and whether or not the copyright is registered. Copyright registration is strongly recommended to establish the priority of your copyright claim. The U.S. Copyright Office offers information on registering copyrights.

Anyone may reproduce without constraint published works whose copyrights have expired. At the time of this writing (1996), works published before 1921 are now in the public domain. These published works include literary, pictorial, graphic, sculptural or musical materials. If you are unsure of the copyright status of a work, treat it as though it's still under protection.

Works protected by copyright may be used for educational, research or scholarly purposes either with the permission of the copyright owner, or through the Fair Use provisions of the copyright law.

Here's a brief discussion of the Fair Use laws as they relate to educators at KUMC:

FAIR USE

1. Text of Section 107

The following is a reprint of the entire text of section 107 of title 17, United States Code.

Section 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. (emphasis added) In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such is made upon consideration of all the above factors.

In order to invoke Fair Use at KUMC, the reproduction of copyrighted materials must support teaching, scholarship or research, and must account for all four factors mentioned in the law. On the other hand, the law surrounding Fair Use is vague; each instance of Fair Use must be judged on its own against the four factors. Here are examples to help illustrate the intent of the Fair Use provisions:

Individuals are generally permitted to make one copy for personal use within the Fair Use provisions, but courts have occasionally disallowed Fair Use limitations for commercial activities. Non-profit use of copyrighted materials generally falls within Fair Use limitations.
The nature of the work matters in Fair Use, because some copyrighted works can only be used or perceived in whole (such as an illustration, photo or sculpture). There's no Fair Use available for an item that must be used wholly to be used at all.
Only small amounts of copyrighted works may be used in Fair Use. This might include a chapter from a book or an article from a journal. Congress and the courts have declined to delineate permissible amounts of text for Fair Use, so each decision must be made on a case-by-case basis. Clearly, copying an entire book or journal issue falls outside Fair Use and is not permitted without permission of the copyright owner.
Materials reproduced under Fair Use-especially for classroom use-may not substitute for actual purchase of a copyrighted textbook. Fair use requires that the reproduction have minimal demonstrable effect on the value of the copyrighted material.

As a state-supported, non-profit, educational institution, KUMC faculty and staff generally have clear-cut Fair Use rights to reproduce copies of materials for personal use-as long as these copies meet the four factors set out above, and support scholarly, research or educational activities.

The bottom line on Fair Use: as long as your copying activities reflect your work for KUMC, and the total amount copied is not substantial in relation to the entire work (a journal article or a chapter from a book--none of which should exceed some reasonable portion of the entire piece) you are living within the Fair Use provisions of the law as they relate to individual educators.

In addition to Fair Use limitations on behalf of individual scholarship, teaching and research, Fair Use provisions also allow for systematic reproduction of copyrighted materials for classroom use.

CLASSROOM USE OF COPYRIGHTED MATERIALS

Fair Use provisions for classroom materials were more concretely defined by an ad hoc congressional committee in the mid-seventies. The committee noted in its report that there is a "need for greater certainty and protection for teachers." In an effort to meet this need the Committee not only adopted further amendments to section 107, but also amended section 504(c) to provide innocent teachers and other non-profit users of copyrighted material with broad insulation against unwarranted liability for infringement.

Here's a list of the specific Guidelines With Respect to Books and Periodicals:

The agreement refers only to copying from books and periodicals, and it is NOT intended to apply to musical or audiovisual works. The full text of the agreement is as follows:

AGREEMENT ON GUIDELINES FOR CLASSROOM COPYING

IN NOT-FOR-PROFIT EDUCATIONAL INSTITUTIONS

WITH RESPECT TO BOOKS AND PERIODICALS

The purpose of the following guidelines is to state the minimum and not the maximum standards of educational fair use under Section 107 of H.R. 2223. The parties agree that the conditions determining the extent of permissible copying for educational purposes may change in the future; that certain types of copying permitted under these guidelines may not be permissible in the future; and conversely that in the future other types of copying not permitted under these guidelines may be permissible under revised guidelines.

Moreover, the following statement of guidelines is not intended to limit the types of copying permitted under the standards of fair use under judicial decision and which are stated in Section 107 of the Copyright Revision Bill. There may be instances in which copying which does not fall within the guidelines stated below may nonetheless be permitted under the criteria of fair use.

GUIDELINES

I. Single Copying for Teachers

A single copy may be made of any of the following by or for a teacher at his or her individual request for his or her scholarly research or use in teaching or preparation to teach a class:

A chapter from a book;
An article from a periodical or newspaper;
A short story, short essay or short poem, whether or not from a collective work;
A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper;

II. Multiple Copies for Classroom Use

Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion; provided that:

The copying meets the tests of brevity and spontaneity as defined below; and,
Meets the cumulative effect test as defined below; and
Each copy includes a notice of copyright

Definitions

Brevity

(i) Poetry: (a) A complete poem if less than 250 words and if printed on not more than two pages or, (b) from a longer poem, an excerpt of not more than 250 words.

(ii) Prose: (a) Either a complete article, story or essay of less than 2,500 words, or (b) an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event a minimum of 500 words.

[Each of the numerical limits stated in "i" and "ii" above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.]

(iii) Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.

(iv) "Special" works: Certain works in poetry, prose or in "poetic prose" which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 words in their entirety. Paragraph "ii" above notwithstanding such "special works" may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the words found in the text thereof, may be reproduced.

Spontaneity

(i) The copying is at the instance and inspiration of the individual teacher, and

(ii) The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

Cumulative Effect

(i) The copying of the material is for only one course in the school in which the copies are made.

(ii) Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.

(iii) There shall not be more than nine instances of such multiple copying for one course during one class term.

[The limitations stated in "ii" and "iii" above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.]

III. Prohibitions as to I and II Above

Notwithstanding any of the above, the following shall be prohibited:

(A) Copying shall not be used to create or to replace or substitute for anthologies, compilations or collective works Such replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or reproduced and used separately.

(B) There shall be no copying of or from works intended to be "consumable" in the course of study or of teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.

(C) Copying shall not:

(a) substitute for the purchase of books, publishers' reprints or periodicals;

(b) be directed by higher authority;

(c) be repeated with respect to the same item by the same teacher from term to term.

(D) No charge shall be made to the student beyond the actual cost of the photocopying.

Agreed March 19, 1976.

Ad Hoc Committee on Copyright Law Revision:

By Sheldon Elliott Steinbach.

Author-Publisher Group:

Authors League of America:

By Irwin Karp, Counsel.

Association of American Publishers, Inc.:

By Alexander C. Hoffman,

Chairman, Copyright Committee.

To summarize, multiple copying of copyrighted materials for classroom use is permissible when

the tests for brevity and spontaneity are met (both fairly well-defined in this report). The spontaneity test also means that after the first spontaneous use of a copyrighted item, permission must be secured for subsequent classroom uses;
the test for cumulative effect is met (well-defined in the report);
a copyright notice appears on the distributed materials. Here's a notice you might consider using on your copyrighted classroom materials:
NOTICE: This material may be protected by copyright law (Title 17, United States Code)
consumable materials are not copied and distributed;
teachers are not substituting the purchase of copyrighted materials with photocopies distributed in class; and
students pay no more than the actual cost of copies.

FAIR USE GUIDELINES FOR EDUCATIONAL MULTIMEDIA

Multimedia creations are revolutionizing education and classroom teaching. Multimedia is also complicating copyright law. Nevertheless, there are DRAFT fair use guidelines to help delineate what (and how much) is permissible to use when developing multimedia educational programs. These guidelines are still in discussion, but they offer a helpful current look at multimedia copyright thinking.

Draft, prepared by Consortium of College and University Media Centers (CCUMC) Fair Access Working Committee. Discussed at Videoconference September 21, 1995. Subject to further discussion.

Student Use: Students may use portions of lawfully acquired copyrighted works in their academic multimedia programs, with proper attribution and citations. They may perform and display their program for educational purposes and may retain it in their personal portfolios as examples of their academic work for later appropriate uses such as job and graduate school applications.
Instruction In Multimedia Development: Educators may use portions of lawfully acquired copyrighted works in the course of face-to-face teaching activities to demonstrate to students how to create multimedia programs.
Face-to-Face Curriculum-Based Instruction: Educators may use portions of lawfully acquired copyrighted works in producing and using their own multimedia programs for their own teaching tools in support of an identified curriculum.
Peer Conferences: Educators may perform or display their own multimedia programs created for their own curriculum-based instructional activities, which use portions of copyrighted works lawfully acquired by the educational institution, at workshops of their peers or a conference where educators are presenting works they created for their students.
Remote Instruction: Educators may use portions of lawfully acquired copyrighted works in producing their own multimedia educational programs to be used for curriculum-based instructional activities provided over an educational institution's electronic network, provided there are technological limitations on access to the network programs (such as a password or PIN) and on the total number of students enrolled.
Time limitations: Educators may use their own multimedia programs, containing portions of copyrighted works incorporated under fair use and developed for educational purposes, in teaching courses for a period of up to two years after completion of the finished multimedia product but use beyond that time period requires permission for each copyrighted portion incorporated in the production.
Portion Limitation: Where portion restrictions appear elsewhere in the guidelines, the following limitations apply.

- Motion Media Up to 10% or 3 minutes, whichever is less, in the aggregate of a copyrighted motion media work may be reproduced or otherwise incorporated as part of a multimedia program produced by an educator or student for educational purposes.
- Text Material Up to 10% or 1000 words, whichever is less, in the aggregate of a copyrighted work consisting of text material may be reproduced or otherwise incorporated as part of a multimedia program produced by an educator or student for educational purposes. In the case of a poem of less than 250 words, the entire poem may be used, but no more than one poem by a poet or 5 poems from any anthology may be used. For poems of greater length, 250 words may be used but no more than one poem by any poet or 5 poems from any anthology may be used.
- Music Up to 10% of an individual copyrighted musical composition, or up to 10% of a copyrighted musical composition embodied on a sound recording may be reproduced or otherwise incorporated as part of a multimedia program produced by an educator or student for educational purposes. Notwithstanding the above, using more than 30 seconds of an individual copyrighted musical composition, or of an individual musical composition as embodied on a sound recording shall require permissions from the copyrighted owner or licensing collective.
- Illustrations and Photographs The reproduction or incorporation of photographs and illustrations is more difficult to define with regard to fair use because fair use usually precludes the use of entire works. Under these guidelines a photograph or illustration may be used in its entirety but no more than 5 images of an artist or photographer may be incorporated into any one multimedia program. When using photographs and illustrations from a published collective work, not more than 10% or 15 images, whichever is less, may be used in the multimedia program produced by an educator or student for educational purposes.
- Computer Software Yet to be discussed.

EXAMPLES OF WHEN PERMISSION IS REQUIRED

Educators and students must seek individual permissions (licenses) before using copyrighted works in educational multimedia productions for commercial reproduction and distribution.
Even for educational purposes, educators and students must seek individual permissions for all copyrighted works incorporated in their personally created multimedia programs before replicating beyond one copy, distributing copies of the project or any portions thereof to others, or when producing such multimedia programs in collaboration with other educators for use beyond one educational institution.
Educators and students may not use their personally created educational multimedia programs over electronic networks to which access is uncontrolled without obtaining permissions for all copyrighted works incorporated in the program.

IMPORTANT REMINDERS

Educators and students are advised to exercise caution in using digital material downloaded from the Internet in producing their own educational multimedia programs, because there is a mix of works protected by copyright and works in the public domain on the network. Access to works on the Internet does not automatically mean that these can be reproduced and reused without permission or royalty payment and, furthermore, some copyrighted works may have been posted to the Internet without authorization of the copyright holder.
Educators and students are reminded that proper attribution and credit with citations to sources must be noted for all copyrighted works included in all multimedia programs prepared by educators and students, including those prepared under fair use.
Educators and students are advised that they must include on the opening screen of their multimedia program and any accompanying print material a notice that certain materials are included under fair use exemption of the U.S. Copyright Law and have been prepared with the multimedia fair use guidelines and are restricted from further use.
Educators and students are advised to note that if there is a possibility that their own educational multimedia program incorporating copyrighted works under fair use could later result in either a widely disseminated or a commercial product, it is strongly recommended that they take steps to obtain permissions during the development process for all copyrighted portions rather than waiting until after completion of the program.
Copyright holders and other creators have serious concerns about the integrity of their original works. Therefore, educators and students are advised to exercise caution when making any alterations in a work, and must explicitly describe the nature of any changes they make to original creations when producing their own multimedia program, in order to respect the integrity of the original work.

DISCUSSION

When considering fair use of copyrighted materials for multimedia productions, it is important to remember that the forgoing are GUIDELINES and not the law. It is also important to remember that these guidelines are still under discussion (as of Fall 1996). On the other hand, KUMC faculty will not err in following the portion limitations carefully when developing instructional materials. Remember, too, the importance of access restrictions for materials made available through Pulse.

COPYRIGHT AND LIBRARY RESERVES

The relationship between copyright and library reserves has neither the force of law (i.e., mention as a specific provision of Fair Use) nor the influence of a congressional report (for classroom use of materials). Instead, the American Library Association (ALA) has promulgated standards, based upon the classroom use standards. These standards have been "accepted" by the library and publishing community (to the extent that they've never been litigated by either party!), but are not recognized by the Register of Copyrights. The ALA standards simply extend classroom use guidelines to libraries acting as agents for educators. Always keep in mind that individuals in pursuit of research, scholarly and teaching duties may also be exercising their Fair Use rights while using library-based materials.

Here's a summary of the ALA Reserve Guidelines:

The amount of material should be reasonable in relation to the total amount of material assigned for one term of a course.
The number of copies should be reasonable In light of the number of students enrolled, the difficulty and timing of assignments, and the number of other courses which may assign the same materials.
The material should contain a notice of copyright.
The effect of photocopying the material should not be detrimental to the market for the work.
In general, the library should own at least one copy of the work.
The test for spontaneity is met. After the first use of an item on reserve, permission for further uses must be secured from the copyright owner.

Again, there are no hard and fast rules to guide your decisions on the amount of material which is appropriate for a reserve collection. With respect to the number of copies, a ratio of one copy of a reading for every six to ten students is reasonable.

COPYRIGHT AND THE VIRTUAL CLASSROOM

At KUMC, distance education using video/television technologies is considered an analog of the classroom. Therefore, the Virtual Classroom, which is used to support distance education, is also considered an extension of the standard classroom. The Fair Use rights that govern an educator's classroom use of materials extend to distance education and the Virtual Classroom as well.

The same standards for brevity and spontaneity hold sway. Second uses of copyrighted materials in a classroom setting, generally require permission from the copyright owner. Copyright notices must appear on all protected materials which appear in the Virtual Classroom. To protect market prospects for materials in the Virtual Classroom, access restrictions will be imposed. These restrictions will either entail password access (provide login and password instructions for your students) or IP address restrictions (only KUMC IP addresses are permitted access to reserve readings). Your options will be presented by a consultant in Educational Technology.

REPRODUCTION BY LIBRARIES AND ARCHIVES

This discussion may be of interest to faculty who make use of the Library's Interlibrary Loan, photocopying or document delivery services.

Libraries do not operate under the Fair Use provisions of the copyright law-with one important exception. Their ability to reproduce copyrighted materials is governed by Section 108 of the law which is written specifically about libraries. On the other hand, library reserves are generally regarded as governed by Section 107 on Fair Use.

First, here is a reprint of the entire text of section 108 of title 17, United States Code.

Section 108. Limitations on exclusive rights: Reproduction by libraries and archives

(a) Notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, or to distribute such copy or phonorecord, under the conditions specified by this section, if

the reproduction or distribution is made without any purpose of direct or indirect commercial advantage;
the collections of the library or archives are (i) open to the public, or (ii) available not only to researchers affiliated with the library or archives or with the institution of which it is a part, but also to other persons doing research in a specialized field; and
the reproduction or distribution of the work includes a notice of copyright.

(b) The rights of reproduction and distribution under this section apply to a copy or phonorecord of an unpublished work duplicated in facsimile form solely for purposes of preservation and security or for deposit for research use in another library or archives of the type described by clause (2) of subsection (a), if the copy or phonorecord reproduced is currently in the collections of the library or archives.

(c) The right of reproduction under this section applies to a copy or phonorecord of a published work duplicated in facsimile form solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, if the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price.

(d) The rights of reproduction and distribution under this section apply to a copy, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, of no more than one article or other contribution to a copyrighted collection or periodical issue, or to a copy or phonorecord of a small part of any other copyrighted work, if

the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research; and
the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation.

(e) The rights of reproduction and distribution under this section apply to the entire work, or to a substantial part of it, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, if the library or archives. has first determined, on the basis of a reasonable investigation, that a copy or phonorecord of the copyrighted work cannot be obtained at a fair price, if--

the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research; and
the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation.

(f) Nothing in this section--

shall be construed to impose liability for copyright infringement upon a library or archives or its employees for the unsupervised use of reproducing equipment located on its premises: Provided, That such equipment displays a notice that the making of a copy may be subject to the copyright law;
excuses a person who uses such reproducing equipment or who requests a copy or phonorecord under subsection (d) from liability for copyright infringement for any such act, or for any later use of such copy or phonorecord, if it exceeds fair use as provided by section 107;
shall be construed to limit the reproduction and distribution by lending of a limited number of copies and excerpts by a library or archives of an audiovisual news program, subject to clauses (1), (2), and (3) of subsection (a); or
in any way affects the right of fair use as provided by section 107, or any contractual obligations assumed at any time by the library or archives when it obtained a copy or phonorecord of a work in its collections.

(g) The rights of reproduction and distribution under this section extend to the isolated and unrelated reproduction or distribution of a single copy or phonorecord of the same material on separate occasions, but do not extend to cases where the library or archives, or its employee--

(1) is aware or has substantial reason to believe that it is engaging in the related or concerted reproduction or distribution of multiple copies or phonorecords of the same material, whether made on one occasion or over a period of time, and whether intended for aggregate use by one or more individuals or for separate use by the individual members of a group; or

(2) engages in the systematic reproduction or distribution of single or multiple copies or phonorecords of material described in subsection (d):

Provided, That nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work.

The rights of reproduction and distribution under this section do not apply to a musical work, a pictorial, graphic or sculptural work, or a motion picture or other audiovisual work other than an audiovisual work dealing with news, except that no such limitation shall apply with respect to rights granted by subsections (b) and (c), or with respect to pictorial or graphic works published as illustrations, diagrams, or similar adjuncts to works of which copies are reproduced or distributed in accordance with subsections (d) and (e).

DISCUSSION

Section 108 regulates the following activities:

When and how much a library may copy for itself;
When and how much a library may copy for its clientele; and
When and how much a library may copy for another library.

Section 108 specifically applies when:

libraries are open to the public;
copying is not undertaken for commercial advantage; and
a copyright notice appears on the copied item.

As part of a state-supported, non-profit, educational institution, the Archie Dykes Library qualifies to serve itself, its clientele and other libraries under the provisions of section 108.

Here are some specifics on how Section 108 restricts the reproduction rights of libraries:

to replace a damaged item (or parts of a damaged item) if the item is not available for purchase at a fair price (i.e., out-of-print);
to create a preservation copy of an item, when the original already exists in the library's collection;
to create a copy for someone when an item in unavailable at a fair price (i.e., out-of-print);
to copy a small part of a copyrighted work for the personal use of a client; and
to make copies for other libraries within certain restrictions (i.e., the CONTU guidelines which limit the number of copies from a single title that libraries can furnish to other libraries).

In addition, the law exempts libraries and their employees from liability for copying made by patrons on unsupervised machines where appropriate notices are posted.

The World Wide Web provides an abundance of information on copyright. Here are some extremely useful sites:

The U.S. Copyright Office Home Page (the source for information on copyright registration)

The Copyright Clearance Center (information and help on seeking permission to use copyrighted materials)

ILT Web (copyright information for educators)

Findlaw: Copyright (a site with legal information on copyright)

Please direct questions or comments to: Bob Pisciotta (bpisciot@kumc.edu), or phone me at (913) 588-7311.