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Section 108Copyright 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• If that work was previously unpublished and the library lawfully owns a copy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
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Copying & Signs• The signs on copying equipment must have
very precise language:
o See: http://1.usa.gov/9Ww0UL
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Questions?
Slides produced by the Copyright Education & Consultation Program
Resources
• Section 108 Spinner tool:
o http://www.librarycopyright.net/108spinner/
• Full text of Section 108:
o http://www.copyright.gov/title17/92chap1.html#108
• Copyright Education & Consultation page on copyright for librarians:
o http://blogs.cites.illinois.edu/library-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 http://go.illinois.edu/copyright
Slides produced by the Copyright Education & Consultation Program
