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The notice says: Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of thes

by btilly 3y ago

The notice says: 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.” This says that libraries and archives are ONLY authorized to furnish a photocopy IF the specified condition is met. In other words, they are not authorized to allow you to make a copy for any other purpose. Even if that other purpose is covered by fair use. But that isn't what the law says. The law says that, even if not otherwise authorized, the library or archive is ALLOWED to furnish a photocopy for those purposes. It is an additional permission, NOT a restriction. Elsewhere it correctly indicates when you, the user, will be sued. And it indicates when the library may legally refuse to make a way you a copy. But it is still worded in such a way to mislead the librarian into thinking that the library will violate the law if they let you make copies for the various purposes for which people legally make copies at Kinko's. And that is false.

JumpCrisscross 3y ago
> it is still worded in such a way to mislead the librarian Do we have anecdotes of this happening? Librarians tend to be well versed in their rights, at least in states which see libraries as more than book bazaars.
masswerk 3y ago
> In other words, they are not authorized to allow you to make a copy for any other purpose. Even if that other purpose is covered by fair use. This is not how I parse this. Notably, the library is an intermediary and the purposes enabling fair-use for the end user do not apply to them. They require their own framework, which is provided under Section 108. However, while this regulates the activities of the library as an intermediary, this does not apply to the end user. For the latter, the note still refers to the general conditions of fair-use. (I also do not see how these purposes may be hindered by this: in order to express your criticism, you go to the library to research the original material. The title for the library to provide you a copy is your research. Now, you can still use this material under the general conditions of fair-use. On the other hand, the library is not supposed to provide you a copy for the purpose of commercial distribution.)
- btilly 3y ago
  On the other hand, the library is not supposed to provide you a copy for the purpose of commercial distribution. Where in the statute does it say this? Suppose that I write a pamphlet. I am the copyright owner. What in the law says that I can't go to the library, pay for the use of their photocopier, and make copies there that I will try to sell? The library may indeed refuse me if they think that copyright law is being broken. But if I can convince them that it isn't, then there is nothing illegal in their permitting that copying. Even if I was lying, they did their due diligence and are legally still fine.
  - masswerk 3y ago
    > Where in the statute does it say this? Generally speaking, in Section 108: > (…) under the conditions specified by this section, if— > (1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage; https://www.law.cornell.edu/uscode/text/17/108 https://www.law.cornell.edu/uscode/text/17/108 If, however, you were the copyright owner and were to (ab)use a library as a copy shop, the entire section does not apply, since it's about a special (but limited) exemption from copyright regulations for library copies. (The section starts with, "Except as otherwise provided in this title and notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce…") Mind that this is not about the use of library hardware, its's about a legal framework for libraries to provide copies of copyrighted material to library users. (Still, you may encounter other difficulties, like the library deciding that they are not a copy shop, or that they won't exceed the legal limit of 3 copies as provided under Section 108 anyways, which wouldn't work out that great for producing a pamphlet… Maybe, there's a statute for this, but this is another topic.)

by btilly 3y ago

JumpCrisscross 3y ago

> it is still worded in such a way to mislead the librarian Do we have anecdotes of this happening? Librarians tend to be well versed in their rights, at least in states which see libraries as more than book bazaars.

masswerk 3y ago

> In other words, they are not authorized to allow you to make a copy for any other purpose. Even if that other purpose is covered by fair use. This is not how I parse this. Notably, the library is an intermediary and the purposes enabling fair-use for the end user do not apply to them. They require their own framework, which is provided under Section 108. However, while this regulates the activities of the library as an intermediary, this does not apply to the end user. For the latter, the note still refers to the general conditions of fair-use. (I also do not see how these purposes may be hindered by this: in order to express your criticism, you go to the library to research the original material. The title for the library to provide you a copy is your research. Now, you can still use this material under the general conditions of fair-use. On the other hand, the library is not supposed to provide you a copy for the purpose of commercial distribution.)

btilly 3y ago
On the other hand, the library is not supposed to provide you a copy for the purpose of commercial distribution. Where in the statute does it say this? Suppose that I write a pamphlet. I am the copyright owner. What in the law says that I can't go to the library, pay for the use of their photocopier, and make copies there that I will try to sell? The library may indeed refuse me if they think that copyright law is being broken. But if I can convince them that it isn't, then there is nothing illegal in their permitting that copying. Even if I was lying, they did their due diligence and are legally still fine.
- masswerk 3y ago
  > Where in the statute does it say this? Generally speaking, in Section 108: > (…) under the conditions specified by this section, if— > (1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage; https://www.law.cornell.edu/uscode/text/17/108 https://www.law.cornell.edu/uscode/text/17/108 If, however, you were the copyright owner and were to (ab)use a library as a copy shop, the entire section does not apply, since it's about a special (but limited) exemption from copyright regulations for library copies. (The section starts with, "Except as otherwise provided in this title and notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce…") Mind that this is not about the use of library hardware, its's about a legal framework for libraries to provide copies of copyrighted material to library users. (Still, you may encounter other difficulties, like the library deciding that they are not a copy shop, or that they won't exceed the legal limit of 3 copies as provided under Section 108 anyways, which wouldn't work out that great for producing a pamphlet… Maybe, there's a statute for this, but this is another topic.)