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As I understand it: The library furnishes (produces, provides) a copy on request, which is technically a publication to 3rd parties, since the library is not th
by masswerk 3y ago
As I understand it: The library furnishes (produces, provides) a copy on request, which is technically a publication to 3rd parties, since the library is not the user. But this is covered under Section 108, which provides a legal framework for this for the purpose of "private study, scholarship, or research". On the other hand, users have (still) full access and usage rights under conditions of fair-use. (E.g., as a user, you are still allowed to use the material for criticism. Notably, this is your criticism, but not the librarian's criticism, who produces the copy that is furnished to you. The enabling title for them is your research.) – So the note states the conditions under which the copy was produced and warns users of liabilities, in case of excess of fair-use on their side. In other words, this is a legal copy, but it doesn't start a branch of free publication. (As opposed to, "Everybody can go to the library and get a copy, so I can hand out copies of this just as well.")
(Disclaimer: not a US citizen, not a lawyer.)