Section 108 Copyright in Libraries Slides produced by the Copyright Education & Consultation Program
Guiding Questions What is Section 108? What does Section 108 say about making copies? How does Section 108 govern signs in the library? Slides produced by the Copyright Education & Consultation Program
What is Section 108? It is an exception within copyright law: o Allows libraries and archives to create reproductions of copyrighted material without permission from the copyright holder in specific circumstances Slides produced by the Copyright Education & Consultation Program
Making Copies Section 108 allows libraries to make one copy of a work in certain situations if: o The copy is not made for commercial uses o The library’s collection is open to the public or the collection is available to any researcher in the field, not just researchers at that institution o The reproduction includes a copyright notice Slides produced by the Copyright Education & Consultation Program
Making Copies If they meet the above guidelines, Section 108 also allows libraries to make copies for: o Preservation Libraries may make up to three copies of a work for preservation If that work was previously unpublished and the library lawfully owns a copy o Replacement Up to three copies can be made of lost, damaged, or obsolete materials provided that a new copy of the work cannot be obtained at a fair price Slides produced by the Copyright Education & Consultation Program
Making Copies Section 108 allows libraries to make copies for: o Users A single article or small portion of a longer work may be copied for a user An entire work can be copied for a user if the library determines that a new copy cannot be obtained at a fair price. o In all of the above three cases: Must include a copyright notice on them Cannot be for any sort of commercial use Digital copies should only be made available within the library Slides produced by the Copyright Education & Consultation Program
Copying & Signs Section 108 establishes: o Libraries have limited liability if a patron uses library equipment (scanner, copy machine, etc.) to violate copyright law if the library posts a notice on the equipment Signs should also be posted wherever librarians take orders for making copies Slides produced by the Copyright Education & Consultation Program
Copying & Signs The signs on copying equipment must have very precise language: o See: Slides produced by the Copyright Education & Consultation Program
Questions? Slides produced by the Copyright Education & Consultation Program
Resources Section 108 Spinner tool: o Full text of Section 108: o Copyright Education & Consultation page on copyright for librarians: o copyright/copyright-for-librarians/ copyright/copyright-for-librarians/ Slides produced by the Copyright Education & Consultation Program
More Info … The Copyright Education & Consultation Program is funded by a Library and Technical Services Grant Administered by the Illinois State Library Please visit our website at Slides produced by the Copyright Education & Consultation Program