Updating the libraries in premise

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The statute also explicitly permits digital formats for preservation, but with the restriction that access to the digital copy must be limited to the premises of the library.

Published Works (Section 108(c)): A library or archives is permitted to make up to three copies of a published work in order to replace an item that was in the collections.

Because the burden of compliance is low, the library should ordinarily resolve any doubt in favor of simply attaching the notice.

Sample notice: “Notice: The copyright law of the United States (Title 17, U. Code) governs the making of photocopies or other reproductions of copyrighted material.

Once a library or archives has determined that it is qualified to use Section 108, it may make copies of materials for purposes of preserving items in the collection or replacing items that are lost, damaged, stolen, or deteriorated, or that are in an obsolete format.

The Copyright Checklist: Copies for Preservation or Replacement (PDF) provides a comprehensive overview of the requirements of the relevant provisions of Section 108.

However, libraries are allowed to engage in ILL arrangements, so long as the arrangements "do not have, as their purpose or effect, that the library or archives receiving such copies or phono-records for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work." The concept underlying this language is that at some point the copying will signal to the library that demand for a work might justify the library’s purchasing its own copy of or subscription to a publication, rather than relying on ILL.

By posting a general notice about copyright on photocopiers and other machines, the library is protected from liability for infringements committed by users of the equipment, provided the use is "unsupervised" by the library staff.

Copyright Act allows eligible libraries and archives to reproduce and distribute certain materials for specific purposes, under conditions spelled out in relatively rigorous detail.

Most public and academic libraries and archives will qualify.

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 work.

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