Login  |  Register          Free Newsletter Subscription
Subscribe to SLJ Magazine
Email
Print
Reprint
Learn RSS

Searching for a Sign

Do different types of copiers require there own copyright notices?

By Carrie Russell -- School Library Journal, 7/1/2003

Is there a standard copyright notice that our school district can use for its photocopiers, printers, scanners, overheads, and computers? Or are there specific notices for different types of equipment?
—Elizabeth Hamming, librarian Lynden (WA) High School

The copyright law requires a library to post a notice on all "reproducing equipment located on its premises that the making of a copy may be subject to copyright law." If the library creates reproductions (say, at its photocopy center or interlibrary loan office), the Code of Federal Regulations (Title 37, Section 201.14) is explicit about the wording, size, and prominence of the notice.

Under certain conditions specified in the law, libraries are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for a purpose in excess of "fair use," that user may be liable for copyright infringement.

This notice must also be "printed on durable material in type at least 18 point in size, and shall be displayed prominently in such manner and location as to be clearly visible, legible, and comprehensible to a casual observer within the immediate vicinity of the place where orders are accepted."

Historically, libraries have posted this same notice above publicly accessible photocopy machines. In fact, one can buy these signs from library supply catalogs.

However, it's rare that all reproducing equipment is located in one place. If it was, one could use the same sign. But often, equipment is moved about for classroom use or for private study. For "movable" equipment, I would place an individual label on each machine that conveys the same message in the briefest and clearest way possible. Here's a suggestion:

U.S. copyright law (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyrighted materials. Unauthorized reproductions beyond the scope of fair use and other copyright exemptions may be a violation of the law.

Our video-production teacher and I are having a serious debate. He thinks it's OK to make a back-up copy of a video for educational use, and store the original for safe keeping. Is he correct?
—Suzanne Streeter, library media specialist Carson High School, Carson City, NV

The law describes specific instances when entire copies can be made. Generally, the library can make copies of works (such as periodical articles) for interlibrary loans and for users who request a copy at the library. Libraries can make preservation and replacement copies if the library has lawfully acquired a title that is "damaged, deteriorating, lost or stolen, or if the existing format in which the work is stored has become obsolete"—and if the library cannot find a replacement copy at a fair price.

The law does not allow the systematic reproduction of copies "just in case" something happens to the original. Remember the Beta video format? This format became obsolete because Beta playback equipment was no longer being manufactured. In that instance, the library could make replacement copies of the Beta tapes in the new VHS format, if a VHS copy was not available on the market at a fair price.

Many vendors offer video replacement copies at a discounted rate. Always negotiate a discounted price for replacements when acquiring video titles.


Author Information
Carrie Russell is the American Library Association's copy-right specialist. She will answer selected questions from readers. Send questions to slj@reedbusiness.com, with "copy-right" in the subject line. Be sure to include your title and the name of your school or public library. Note: Carrie's comments are not to be considered legal advice.

Email
Print
Reprint
Learn RSS

Talkback

We would love your feedback!

Post a comment

» VIEW ALL TALKBACK THREADS

Related Content

Related Content

 

By This Author

Sponsored Links




 
Advertisement

More Content

  • Blogs
  • Podcasts
  • Photos

Blogs


Sorry, no blogs are active for this topic.

» VIEW ALL BLOGS RSS

Photos

Advertisements





SLJ NEWSLETTERS
Click on a title below to learn more.

Extra Helping
Curriculum Connections
SLJTeen
©2008 Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.
All rights reserved.
Use of this Web site is subject to its Terms of Use | Privacy Policy
Please visit these other Reed Business sites