Re: DMCA-Copyright Notices on Interlibrary Loan

From: Laura N. Gasaway <unclng[_at_]email.unc.edu>
Date: Wed, 27 Jan 1999 16:12:04 -0500 (Eastern Standard Time)

On Tue, 26 Jan 1999, Shelly Warwick <swarwick[_at_]sprynet.com> wrote:
>
> I'm interested in how this group reads the DMCA changes to Section 108,
> exemptions for libraries in regard to the requirement for copyright
> notices on works provided to library users or though interlibrary loan.
> The relevant language states that the exception pertains if:
>
> 3) the reproduction or distribution of the work includes a notice
> of copyright that appears on the copy or phonorecord that is
> reproduced under the provisions of this section, or includes
> a legend stating that the work may be protected by copyright
> if no such notice can be found on the copy or phonorecord
> that is reproduced under the provisions of this section.
>
> Now what constitutes " copy or phonorecord that is reproduced".
> Is it the entire work, say a journal or book, or an article or
> chapter in the larger work.

Shelly,

     This means that the new notice provision applies to all the copying by libraries that is permitted under the section 108 exemption. It represents a fairly siginicant change for libraries!

Lolly

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Laura N. Gasaway		     phone:  919-962-1321
Director of the Law Library 	     fax:    919-962-1193
	& Professor of Law	     email:  laura_gasaway[_at_]unc.edu

University of North Carolina
CB # 33
Chapel Hill, NC 27599 http://www.unc.edu/~unclng/gasaway.htm

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Received on Wed Jan 27 1999 - 21:07:40 GMT