Re: Course packets questions

Mike,

     I think I know what the source of your confusion is. The copying done by the students may exceed fair use and be just as violative of copyright as it would be if done by the library. The difference is in risk of suit. If the library did it, they or their parent institutions might be seen as a pocket deep enough to be sued. If an individual student or a group of students does it, they are not practical targets for suit. So they can get away with it. Just to make sure that libraries would be able to provide copy machines for all their legitimate uses without fear of getting sued for the illegitmate uses of their patrons, section 108 of the copyright act includes a provision that protects libraries from being sued for contributory infringement for providing copiers that patrons (students) use for illegal purposes (copying of copyrighted works that exceeds fair use and doesn't fit any other exception) provided that the library posts the appropriate signs, does not supervise or control the copying and complies with a few other conditions. This is why libraries won't put multiple copies on reserve or make multiple copies for students but will put a limited number of copies on reserve and turn a blind eye to what students do with the out of sight copier after they check the material out. It leads to the belief that the students have a right to do what they do. They may not but as individuals they are practically suit proof so we let them take the risks (after duly warning them that their activity may be illegal, of course).

Mary Brandt Jensen		University of Mississippi
Director of the Law Library	University, MS 38677
Assistant Professor of Law	cnicopy[_at_]sunset.backbone.olemiss.edu

On Wed, 10 Apr 1996 JMN[_at_]vax2.utulsa.edu wrote:
>
> Please forgive me for replying without showing the original post.
> My e-mail doesn't allow me to edit:
>
> To add to the mix, I work in the library for two schools. Both have
> copiers for photocopying material with a cost ranging from 5 cents to
> 25 cents. The librarians for both schools are not allowed to make
> copy's for anyone except in certain situations.(ILL requests,
> periodicals) These of course have their restrictions according to
> copyright and such. The main point of my post is that the student's
> check out reserve books for one hour and make copies. They are not
> allowed to take the books out of the library. We do not have a
> restriction on the amount of copying but suffice it to say copying the
> whole book would be fairly expensive. Buying the book is encouraged.
> If I am not mistaken, this falls under academic fair use. Both
> libraries have researched the situation to make sure that there is
> not legal problems. I do have to admit that I may not have all the
> information on this aspect, but I thought you might like to hear from
> a library pov. It is absolute that the Librarians do not make the
> copies for the patrons, but the patrons may do so. Just my 2.79
> (have to account for inflation).
>
> Mike
> TU
> for photocopying material for a cost between 5 cents and 25 cents. Th
>
>
> Mike Nobles
> <jmn[_at_]vax2.utulsa.edu>
Received on Thu Apr 25 1996 - 02:39:19 GMT