4 ms·

> 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

> 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.)

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.)