RE: Copyright warning notices

 I am not a lawyer, but here goes. The "magic language" put on copiers in libraries/archives indemnifies, (under section 108 of the copyright law) the library from prosecution for copying that is not a "fair use." (analagous to the "fair dealing" you're probably familiar with) Note that is has no bearing on whether the copying IS fair use or not, just whether the library is as guilty as the patron. I don't think that putting the notice on copiers elsewhere whould have a similar effect. So if student or facuilty was guilty of infringing copyright on a college copier, the college might be likewise guilty. Of course it's not the criminal law that's really the issue, but the tort law. The college would have the "deep pockets" (lots of money compared to a student or faculty member) if suit was brought by the person who owned the copyright.  

The "for profit" is only a small part of the multi-prong "fair use" determination under section 107 In my humble opinion, it is only minimally important in this case, although not being an arm of the state government means that you have no protection under the 11th ammendment to the U.S. Constitution.
 -----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of colin Sent: Wednesday, March 30, 2005 12:21 PM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Copyright warning notices

Hi  

As a British librarian transplanted to sunny AZ, I'm trying to get to grips with US copyright law, which is just different enough from UK law to keep me on my toes!  

I know that copyright warning notices are required to be placed by photocopiers etc, in libraries and archives (and I have the prescribed text for those, which specifically mentions libraries and archives), but what about in other areas of a college or school? Are we required to place warning notices by other copiers, and if so, is there a prescribed text we need to display?  

I don't know if this makes a difference, but we are a small private college, so the institution is therefore 'for profit'.  

Thanks in advance for any advice given!  

Colin Received on Thu Mar 31 2005 - 01:20:00 GMT