Heterick Memorial Library Ohio Northern University

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What is allowed:

Libraries and archives may:

1. Make up to three copies of a work or phonorecord if:

• noncommercial purpose
• Collection is accessible to those doing research in a specialized field
• work has a copyright notice, or if a legend states that the work may be protected by copyright if no copyright notice can be found
• the copying is unrelated and isolated
• the copy becomes the property of the user
• the copy's purpose is educational
• a copyright warning is displayed prominently at the desk
• it is in the last 20 years of its copyright term provided that the work is not commercially exploited (unless the copyright owner objects)

To qualify the library must also:

• be unaware of related or concerted copying
• not engage in systematic copying
• not engage in interlibrary arrangements in which the receiving library's purpose is to substitute for subscription or purchase

1. Make a copy of a work in its collection and distribute it if:
• it is done for preservation or security
• it is for deposit for research use in another nonprofit library or archives
• it is to replace a work or phonorecord that is damaged, deteriorating, lost, stolen, or is commercially exploited if, after reasonable effort, a replacement cannot be obtained at a reasonable price
• the equipment on which it is to be used is no longer commercially available.
2. Make:
• digital or other copies of unpublished works for preservation or security
• digital or other copies of published works for replacement of lost, stolen, or deteriorating works which can't be obtained at a reasonable price
• interlibrary loan copies of one article or other contribution to a copyrighted collection or small part of a phonorecord
• interlibrary copies of works unavailable at a reasonable price
• audiovisual news program copies

To qualify the library must also:

• be unaware of related or concerted copying
• not engage in systematic copying
• not engage in interlibrary arrangements in which the receiving library's purpose is to substitute for subscription or purchase
3. A "reasonable price" test would be for an impartial observer to see the decision as equitable based on standard library acquisition procedures
4. A "reasonable investigation" would be to use common trade sources or an authorized reproduction service
5. Treat reserve room copies as an extension of classroom copying guidelines
6. Place multiple copies on reserve when:
• the amount of material is reasonable in relation to the total amount
• the number of copies is reasonable
• material contains copyright notice
• photocopying is not detrimental to the market for the work
7. Library systems may make use of Section 108.
8. Copy the table of contents of a newsletter if first requested by employees
9. Purchase a journal subscription and then route the journal to employees
10. Make electronic copies to fax for interlibrary loan
11. Place copies of works on electronic reserve when access is restricted through password or other means
12. Make up to three copies of a work in a format for which the equipment is no longer commercially available

Libraries Must

1. Display a copyright warning prominently at the desk
2. Display a copyright warning on unsupervised photocopying equipment and other equipment capable of copying
3. Digital copies made for preservation replacements of published works must not be "made available to the public in that format outside the premises of the library or archives"
4. Display a copyright legend on all copies of works

What is not allowed:

1. Copy musical works; pictorial, graphic, or sculptural works and motion pictures
2. Reproduce or distribute copies of works when there is a "substantial reason to believe" that the copying is related or concerted
3. Reproduce or distribute in order to substitute for a subscription individually or in the aggregate.
4. Library networks may not make use of Section 108.
5. Copy to the same extent with newsletters as with other periodicals

Taken from "Commonsense copyright : a guide for educators and librarians by R.S.Talab" 2nd edition p.118-120