Third, the library must have no notice that the use will be for a purpose other than private study, scholarship, or research. Congress did not explain what this means, but it is reasonable to conclude that a library may do for a library patron what that person could do for him or herself as a fair use. You may decide—wisely, we think—that your library will not make copies for fee-based information brokers. Information brokers do not request copies for “private study, scholarship, or research.” To the contrary, they are in the business of supplying copies to others. Even if the information broker says “We will pay royalties,” it is your library that is making the copy. If you feel more comfortable not offering document delivery services to fee-based information brokers—and that is how we feel—just say no.
The final condition under 108(d) requires the library to display prominently at the place orders are accepted, and include on its order forms, a warning of copyright as prescribed by the Register of Copyrights. Here is what you have to do: (1) Copy the warning below and tape it near the door of the office where people request copies; (2) include the warning on the form people fill out when they ask for copies; and (3) for electronic ILL requests, include the warning on your electronic ILL form.
Section 108(d) Warning
Copyright Restrictions
The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproduction of copyrighted material.
Under certain conditions specified in the law, libraries and archives 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 purposes in excess of “fair use,” that user may be liable for copyright infringement.
This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.
- Source: 37 C.F.R. § 201.14
