Copyright Issues
This information is designed to assist public libraries and does not attempt to cover all aspects of copyright law. Copyright law is subject to change by legislation and by court decisions. Some copyright guidelines and procedures are still open to legal interpretation. |
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| How long does copyright protection last? |
 | For works created after January 1, 1978, copyright is for life of the author plus 70 years; in the case of joint authors, this applies to the last surviving author.
For pre-1978 works still in their original or renewal term of copyright-total term is extended to 95 years from the date that copyright was originally secured.
For works created but not published before January 1, 1978, copyright is life of the author plus 70 years; if the work is published before December 31, 2002, the term will not expire before December 31, 2047.
For additional information, go to http://www.copyright.gov/circs/circ15a.html |
| How do I know if something is still under copyright protection? |
| Look for the date of copyright or original publication date and then apply the terms listed above. If a copyright date cannot be found or if there is any question, the Copyright Office will research a title for a fee. The publisher may also be able to supply that information. Additional information my be found in the Copyright Circular titled "How to Investigate the Copyright Status of a Work" (http://www.lcweb.loc.gov/copyright/circs/circ22.pdf ) |
| If a work does not have the copyright notice or symbol printed on it, does that mean it is not copyrighted? |
| No. Since 1978 the copyright notice has been optional. |
| How much of a work can an individual copy without violating copyright law? |
| The "fair use" provision of the copyright law allows individuals to make copies for private study, scholarship or research purposes. There is no specified limit to the amount of the work that can be copied. These copies must not be used for commercial purposes, however, and they must be for the use of the individual alone and not for distribution. Note: This answer applies only to individuals making their own copies, not to library staff members making copies for individuals. |
| Can a library be held liable if a patron uses a library copier to make copies that violate copyright law? |
| Libraries cannot be held liable for copyright infringement by patrons at unsupervised copiers as long as a notice regarding copyright law is posted at each copier. This is the wording prescribed by law:
"NOTICE WARNING CONCERNING COPYRIGHT RESTRICTIONS
The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.
Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specific conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.
This institution reserves the right to refuse a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law."
Remember to post the notice at all types of copiers that patrons might use. |
| How do I copyright something I wrote, composed, recorded, etc.? |
| All original works that have been put into a tangible form are automatically protected by copyright law. To register a copyright, forms must be filed with the Copyright Office, Library of Congress, 101 Independence Avenue SE, Washington, DC 20559-6000. For more information, call (202) 707-3000. The Copyright Office web site (http://lcweb.loc.gov/copyright) contains lots of information, as well as forms that can be printed out. They also have a Frequently Asked Questions section at http://www.loc.gov/copyright/faq.html. |
| Are libraries allowed to make copies of materials in their collections for patrons? |
| Libraries can make copies for patrons under the "fair use" provision, but certain restrictions apply.
- Only one copy of an item can be made
- Only one article from a periodical issue or one contribution from a collected work or a "small part" of other works may be copied
- The library must not have any notice that the copy will be used for any purpose other than private study, scholarship, or research
- The copy becomes the property of the individual requesting it
- The library displays the copyright warning notice (see question 6) wherever copy orders are taken and on any forms used to request copying
- The copy provided to the patron includes the copyright notice that appears on the work being copied |
| What is the copyright notice and where do I find it? |
| The copyright notice consists of the word Copyright and/or the copyright symbol (a c inside a circle), the name of the copyright owner, and the date of copyright. The notice is usually found on the reverse of the title page in books. In magazines it is sometimes on the table of contents page or in the section with subscription information. Some journals are now including the copyright notice at the beginning of each article. Most libraries make a photocopy of the notice and attach it to the other pages copied. |
| What if I cannot find a copyright notice? |
| Since copyright notices have been optional since 1978, some materials may not have one. In those cases, the library should write or stamp on the copy a notice that the material may be protected by copyright. The recommended wording is "Notice: This work may be protected by copyright." |
| When another library asks us to copy something in our collection and send it to them on interlibrary loan, do the same rules apply? |
| Yes, the same rules apply, but the borrowing library has the responsibility of displaying the copyright warning notice on the form filled out by the patron. The borrowing library is responsible for paying copyright royalties for any copies requested in excess of the "fair use" or other provisions of the copyright law. |
| Are there any restrictions on the number of copies our library can request from other libraries on interlibrary loan? |
| Yes. Although libraries are allowed to obtain copies for patrons under "fair use" provisions of the copyright law (see question 7), the law also states that copies cannot be requested in such quantities that they substitute for a subscription or purchase of the work. Certain guidelines, known as the CONTU Guidelines, have been developed to assist libraries in complying with this part of the law. The following is a summary of those guidelines:
- The "suggestion of five" guideline states that each calendar year, a borrowing library may obtain five articles from a periodical title going back five years. That is, in 1999, a library may obtain a total of five articles from the issues dated 1994 through 1998.
- No more than six copies from a copyrighted book may be obtained during a calendar year.
- The restrictions listed above do not apply if the requesting library owns the work but it is not currently available (checked out, missing, at the bindery, etc.) or if it has been ordered for purchase.
- The requesting library must indicate on the request form that the request complies with the copyright guidelines or copyright law.
- The requesting library must maintain records of all requests made for copies to which these guidelines apply. The records must be retained for three calendar years after the year in which the request was made. That is, the records for a request made in 1999 must be maintained until the end of 2003. |
| Is there any way for our library to obtain an article for a patron if the request does not comply with the CONTU guidelines or if the patron wants more than one article from an issue? |
| Libraries may obtain such articles if a copyright royalty is paid or if the publisher grants permission. Most libraries pay royalties through the Copyright Clearance Center (CCC). Information on the CCC may be obtained by writing to 222 Rosewood Drive, Danvers, MA 01923; calling (978) 750-8400; or connecting to their web site (http://www.copyright.com). Libraries may also write directly to the publisher to request permission for copying or to inquire about copyright royalties. Another way to pay the copyright royalty is to request the article from a commercial document supplier; document suppliers must pay the copyright royalty for all copies they supply and that cost will be included in their charge. |
| Can we make or obtain a copy of a work in our collection (including books, periodical issues, or audio recordings) to replace a copy that has been damaged or lost? |
| A photocopy or duplicate recording may be obtained for the library's collection to replace a damaged, deteriorating, lost, or stolen copy, but only if the library cannot obtain an unused copy at a fair price. |
| How does copyright law apply to audiovisual materials in public libraries? |
| Copyright owners have the right to control the public performance of their works. Therefore musical recordings and audiovisual recordings (other than news recordings) cannot be played before groups without permission. Public libraries may lend copyrighted videorecordings and musical recordings to individuals for personal viewing or listening, but they cannot be shown to groups unless public performance rights have been obtained. In some cases public performance rights are sold with the video, but if the video is labeled "For Home Use Only," the library does not have public performance rights. |
| Are there special copyright rules for schools? |
| There are certain exceptions in the copyright law that apply only to educational institutions. (Public libraries are not considered educational institutions.) Additional photocopying is allowed for classroom use and reserve room use. Videorecordings may also be shown to classes when they are part of the course content. The guidelines for classroom use of copyrighted materials are not covered here since they do not apply to public libraries. |
Many S.C. State Library programs, resources and services are supported in
whole or in part by a grant from the U.S. Institute of Museum and Library
Services.