Copyright & Fair Use for Faculty

Section 108 provides libraries, archives, and museums with exceptions in order to lend or distribute works that are otherwise copyright protected. An example of this is lending books via interlibrary loan. This section of the Copyright Act allows libraries to: 

• make copies of works that are copyright protected to send to other libraries,
• make copies of works that are deteriorating and could otherwise be lost for purposes of preservation,

and allows library users to 

• make copies of work for personal research use.

However, a library must meet certain requirements in order to take advantage of the exemptions in Section 108. 

(a) Except as otherwise provided in this title and 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, except as provided in subsections (b) and (c), or to distribute such copy or phonorecord, under the conditions specified by this section, if:

(1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage;

(2) 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

(3) 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 provisions of this section.

(U.S.C 17, Section 108)

Note that Great Falls College Montana State University does meet these requirements. 

Interlibrary Loan is an exception granted under Section 108. 

108(d) provides:

"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:

(1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy of phonorecord would be used for any purpose other than private study, scholarship, or research; and

(2) 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."

Note that:

• Only a small part of a portion of a book may be copied
• This should be for the private study, scholarship or research use by the user
• The request should come through a library user or another library or archives
• This applies to both published and unpublished works
• Copies may not be made of musical works; pictorial, graphic or sculptural works; or motion pictures (audio visual works)

108(e) provides:

"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, if 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 reasonably investigation, that a copy or phonorecord of the copyrighted work cannot be obtained at a fair price, if:

(1) 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

(2) 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 the requirements that the Register of Copyrights shall prescribe by regulation."

Note that:

• The entire work may only be provided if, after reasonable investigation, it appears that a copy of the work cannot be obtained at a fair price
• Similarly, this may be for both published and unpublished works and does not apply to musical works; pictorial, graphic or sculptural works; or motion pictures (audio visual works)

Section 108 grants libraries limited permissions to make copies for personal research use. As a library user, if you decide to make copies of library materials for personal research use or classroom use, please also make a determination of fair use. 

"(f) Nothing in this section—

(1) 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;

(2) 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;

(3) 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

(4) 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."

(U.S.C. 17, Section 108)