Copyright Warning Notice for
Unsupervised Library Copying Machines:
Updated Information for Library Services

Prepared by the
COPYRIGHT MANAGEMENT CENTER

Kenneth D. Crews, Associate Dean of the Faculties for Copyright Management
Indiana University-Purdue University Indianapolis
530 West New York Street
Indianapolis, IN 46202-3225
Voice: 317-274-4400 Fax: 317-278-3326
http://www.copyright.iupui.edu

Draft: October 16, 2001

Section 108 of the U.S. Copyright Act (Title 17, United States Code) gives protection to qualifying libraries from some activities taking place in the library that might otherwise constitute copyright infringement. This statute is also the source of the familiar copyright "warning notices" that commonly appear on photocopiers and other equipment in the library.

Protection for Libraries

Section 108(f)(2) gives protection to libraries, archives, and their employees from liability that may arise from the "unsupervised use" of photocopy machines and other equipment at the library, provided that the "equipment displays a notice that the making of a copy may be subject to the copyright law. . . ."

The function of the law is actually remarkably simple. If the library places the notice on the machine, the library avoids potential legal liability for infringements that a user may commit by the use of that equipment. The law does not create immunity. The library may not be legally responsible, but the user of the machine remains liable for his or her activities.

Conventional Form of Notices

The law does not specify any required content, placement, layout, or other details regarding the notices. Through the years, libraries generally have used language such as the following form recommended by the American Library Association:

"Notice: The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyrighted material; the person using this equipment is liable for any infringement."

Libraries generally print the notice in a bold font and affix the paper or other placard to each photocopy machine where a user is likely to see it. The cost of compliance is low, and the benefits are potentially enormous. Libraries should not hesitate to comply and secure the benefits.

Expanded Protection for Libraries

While the statute is perhaps most often considered in the context of photocopiers, the language of the law is actually much broader. The statute applies to any "reproducing equipment" located on the "premises" of the library or archives. Therefore, librarians should affix an appropriate notice on any machine or equipment in the library, that is available for use without staff supervision, and that is capable of making a copy of any existing work.

Notices may be affixed to computers, printers, separate drives, scanners, tape decks, microfilm readers, cameras, and any other device. Because the burden of compliance is low, the library should ordinarily resolve any doubt in favor of simply attaching the notice.

Innovative Notices

Because of the changing nature of equipment, copyrighted materials, and intended uses, the library may also consider innovative forms and placements of the notices. In order to give more helpful information about the copyright, libraries at IUPUI and affiliated campuses might revise the notice to read as follows:

Notice: The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyrighted material; the person using this equipment is liable for any infringement. For more information about copyright law, the rights of copyright owners, and the right of fair use to make limited copies for teaching, research, and study at the university, visit the website of the Copyright Management Center, at http://www.copyright.iupui.edu.

In all cases, the notice should be placed prominently where a user of the equipment has a certain opportunity to see and read the notice. In most instances, the notice will be on paper or other tangible format and posted on the hardware. In the case of computer equipment, the notice may also be added to the desktop screen display, where a user will not be able to remove or delete it, and where the notice is not transitory, as on a screensaver.

Copyright 2001, Trustees of Indiana University.
For information about this work, please contact the Copyright Management Center at the address set forth above. Permission is hereby granted to reproduce and distribute copies of this work for nonprofit educational purposes, provided that copies are distributed at or below cost, and that the author, source, and copyright notice are included on each copy. This permission is in addition to rights of reproduction granted under Sections 107, 108, and other provisions of the U.S. Copyright Act. Before making any distribution of this work, please contact the Copyright Management Center to ascertain whether you have the current version.

Copyright Warning Notice for Unsupervised Library Copying Machines: Updated Information for Library Services