Copyright and Higher Education:
Announcement of Recent Development Photocopies and Other Reproductions by Libraries: New Requirements for Copyright Notices on All Copies

Kenneth D. Crews,
Samuel R. Rosen II Professor of Law
Associate Dean of the Faculties for Copyright Management
Indiana University-Purdue University Indianapolis
530 West New York Street
Indianapolis, Indiana 46202-3225
Voice: 317-274-4400    Fax: 317-278-3326

http://www.copyright.iupui.edu

New legislation from Congress has revised the requirement for the form of notices that libraries must place on all copies of works that libraries make under Section 108 of the U.S. Copyright Act. These changes in the form of notice took effect immediately, and Indiana University libraries ought to revise their procedures and documentation without delay.

Since 1976, the Copyright Act has included Section 108, which allows many libraries, particularly most public and academic libraries, to make copies of copyrighted works for specific purposes under tightly defined circumstances. In general, under this provision, libraries may make copies for preservation, for giving to library users for their private research and study, and for delivery to other libraries pursuant to interlibrary loan arrangements. The ability of a library to make these copies depends upon complying with the detailed conditions listed in Section 108.

One of the general requirements for all copies made under this provision has been the mandate that the copy include "a notice of copyright."

For more than twenty years, librarians and publishers have debated whether the "notice" on the copy must be the formal copyright notice as found on the original (for example, "Copyright 1998, XYZ Publishing Company") or may consist of some general indication that copyright applies to the work (for example, "use of this material is governed by copyright law"). The Digital Millennium Copyright Act passed by Congress and signed by the President during October 1998 resolves this debate. All copies made under Section 108 now must include the notice of copyright as it appears on the original. If no notice appears on the original, then the copy must include "a legend stating that the work may be protected by copyright."

Accordingly, the Copyright Management Center recommends to all Indiana University libraries that they immediately adopt and implement the following procedures with respect to all copies made for preservation, for a user’s private research, and for interlibrary loan.

1. If the original work includes a formal copyright notice, the copy should include the following statement:

"The work from which this copy was made included the following copyright notice: __________."The librarian making the copy should transcribe the original copyright notice into that blank space.


2. If the version of the work available to the librarian making the copy does not include a formal copyright notice, the librarian should place the following statement on the copy:

"The work from which this copy was made did not include a formal copyright notice. This work may be protected by copyright law. Uses may be allowed with permission from the rightsholder, or if the copyright on the work has expired, or if the use is "fair use" or within another exemption. The user of this work is responsible for determining lawful uses."

Please contact the Copyright Management Center if you have any questions about this development, or if you would like general guidance with respect to the conditions under which a library at Indiana University may make copies of works for preservation, private study, interlibrary loan, or under "fair use."

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