Library Archiving and Internet Service Provider Status Shirley A. Mason Library Media Specialist 12 July 2008

U.S. Copyright Act U.S. Copyright Act allows: Certain legal protection to libraries if specific prerequisites are met by the library Section 108 of the copyright Act, “Limitations on exclusive rights: Reproduction by libraries and archives,” provides an exemption for librarians and archivists. Section 108 allows the library access to a limited group of works within the last twenty years of a work’s copyright protection term. Use of exemption must remain in compliance with Section 108 (h)

Section 108 Requirements A law that provides a determined outcome for libraries and archives under specified circumstances for the actions of copy for the following instances »C»Copies made for preservation »C»Copies made for interlibrary loan »I»Immunity of the library from liability for the unsupervised use of on-site reproduction equipment

Section 108 Rights 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 that appears on the copy or phonorecord that is reproduced under the provisions of this section, or includes a legend stating that the work may be protected by copyright if no such notice can be found on the copy or phonorecord that is reproduced under the provision of this section.

Archive Copies Libraries now have unlimited access to generations of copies in a preservation project A service copy may be made as an archival copy ( in either analog or digital form) Archive copies are to be used for archival purposes exclusively Library’s purpose for making archival copy can be only to replace a copy it has or used to have in its collection, but which has been damaged, is deteriorating, is lost or stolen, or the format of which has become obsolete.

Digital Millennium Copyright Act And Music Downloading Digital Millennium Copyright Act »E»Enacted by Congress 1998 »D»DMA addressed the issue of downloading of music and World Intellectual Properties organization Treaties »T»The Act makes it illegal for an Internet Service provider to link knowingly to infringing material »D»DMCA exempts search engines and service providers from liability for linking to pirated material unknowingly »A»Any library that accepts the benefits of ISP protection pursuant to Section 108 must post notices that downloading copyrighted material is expressly prohibited.

Section #108 Privileges and Responsibilities Sonny Bono Copyright Term Extension Act, Section 108: »C»Contains limited exemption for libraries and archives that lets them; »R»Reproduce »D»Distribute »D»Display »P»Perform certain works in the final twenty years of their extended terms for research and preservation purposes »P»Published and unpublished works are covered under Section 108 and may be “archived” when the works are not subject to “normal commercial exploitation

Section 512 Internet Provider Section 512 of the 1976 Copyright Act defines a service provider as: »“»“A provider of online services or network access, or the operator of facilities therefore” »T»Title II of the DMCA limits an Internet Service Provider’s liability for copyright infringement »P»Purpose of this act was implemented to protect service providers (such as AOL or a university) from being held liable for infringing acts by users of their networks

Requirements to be Characterized as an Internet Service Provider Must meet four categories: »T»Transitory communications »S»System caching »S»Storage of information on systems or networks at the direction of users »I»Information location tools

Prerequisites to Qualify for ISP Protection Name, address, phone number, and electronics, mail address of the agent Other contact information which the Register of copyrights may deem appropriate. The Register of Copyrights shall maintain a current directory of agents available to the public for inspection, including through the Internet, in both electronic and hard copy formats, and may require payment of a fee by service providers to cover the costs of maintaining the directory

Summary Recognizing potential civil liabilities of the library for actions of its patrons comes the responsibility of evaluation of the benefits of Section 512 and the informed decision as to the adoption of these benefits.

References Torrans, L. A. Law and Libraries.(2004) Copyright Act (1976) Federal Register (November 16, 1977) Warning signs must be posted by all copy machines