Library Reproducing Equipment (a.k.a. Photocopiers and Scanners) (Section 108(f)(1) and (2))
A library is not liable for infringing activities done on library-owned reproducing equipment that is not “supervised.”[1] Joe Student checks out a book from the Reserve Desk. He begins reading it, and decides to copy the entire book. We will assume that Joe’s actions are infringing. The library is not liable as a contributory infringer if (1) Joe’s copying is unsupervised, and (2) there is a notice on the machine that says:
Warning: The Making of a Copy May Be
Subject to the United States Copyright
Law (Title 17 United States Code)
Your equipment does not come with this warning, so you must create a label yourself. Make it prominent—use large, bolded typeface—and tape it to the machine, close to the “copy” button. Put a label on every copier in the building, even machines in staff-only areas.
Should you affix warning notices to library computers as well? Section 108(1)(1) doesn’t refer explicitly to computers, only to “reproducing equipment”, a term that is not defined in the Copynght Act. An argument could be made that computers are “reproducing equipment” because they cam be used to make digital copies, but in the absence of a statutory definition, words are assumed to have their common meanings.[2] We don’t think that “reproducing equipment” refers to computers in everyday English, so we don’t think that Section 108(f)(1) applies to computers. There’s no harm in affixing copyright warnings to your library computers, but it’s probably not worth the effort. Moreover, as we explained in Chapter Three, we don’t think a library would incur any liability simply for letting patrons use library-owned computers.
Under section 108, a library is absolved from liability only for “unsupervised use of reproducing equipment located on its premises.” If the equipment is available for walk-up use and the library merely adds toner or
