Fair Use

For a definition of what constitutes fair use click here: fair use.

Digitization

Many libraries and even some museums are digitizing part of their collections.  The concept of a digital library is very popular.  However, copyright issues come in if the collection being digitized is neither out of print nor in the public domain.

Many digitization projects have focused on materials for which the library owned the copyright; or those for which there were no copyright issues.  Sklar also suggested using lower-resolution images so that they are good enough for studying purposes but not high enough quality for downloading and republication. (Oakley)

For digitization projects that include copyrighted materials, Oakley suggested that besides writing for permission and paying a royalty, the library could propose a joint project with the copyright owner of the materials, in most cases, the publisher.  Oakley said that most publishers do not have a digital backup file of all their materials.  Hence, if the library provides the digital conversion and the publisher gets to keep the digital backup files, a joint venture may be established.  (Sklar)

Public Domain

If a work is in the public domain, then one needs not worry about copyright issues.
 

Copying in Libraries

The law allows libraries to make copies for these purposes:

• private study by users;
• for education;
• sending as interlibrary loan material; and
• for preservation.

    1.    Only single copies may be made.
    2.    The copy becomes the property of the user.
    3.    As far as the library knows, the copy is used for private study, scholarship or research.
    4.    The library must display a warning notice on copyright regulations on all copy order forms and at the location orders
           for copies are accepted.
    5.    Each copy must include a notice of copyright.  The notice needs to be the one found on the original.
    6.    Not all materials can be copied.  These may not be:

• Musical works and thus musical sound recordings;
• Pictorial, graphic, sculptural works;
• Motion pictures or audiovisual works.

Note that audiovisual works that are news-related can be copied.  Non-musical sound recordings can also be copied.
For copies made for interlibrary loan requests, this is the general rule: a library can receive up to five copies of articles from the most recent five years of a journal title in one year.  After that, the library is expected to pay copyright fees for future requests.

Copies made for preservation purposes:

• Up to three copies can be made.
• Copies can be made if the format of a work has become obsolete.
• Copies can be made if the work is damaged, brittle, deteriorating, lost, or stolen.
• Digital preservation copies can be made but cannot be made available to the public outside the premises of the library.  Thumbnails of digital copies can be made available of the web.
• Copies can be made from book and non-book works.

Electronic Reserves

Electronic reserves become a tricky issue because not only are copies being made, they are also being transmitted, thus possibly constituting as a public display or performance.
There are no laws yet governing the copyright issues concerning electronic reserves.  There are, however, some general guidelines that one can follow:

• The fair use of copyrighted works is not restricted by medium.  Therefore, an electronic copy should be a fair use if the physical counterpart is.
• The digital transmission of electronic reserves is supported by library associations under these conditions:

Distance Learning
The current law allows displays and performances of works (including reciting a poetry, playing a video, onstage performances) in face-to-face classrooms.  However, with distance learning, the existing law is of no help.
In 1999, the U.S. Copyright Office issued a report and proposed revisions to the current laws.  One must bear in mind that these are only recommendations and are not laws yet.
On March 7, 2001, a bill was introduced to update the existing law on distance education.  Hopefully, new laws will be established that would enhance the learning situation in distance education. (FN4)

Non-copyrighted materials free for downloading

Free e-book readers:

Adobe® Acrobat® eBook Reader™ 2.0 - Can be used on Windows and Macintosh.
Microsoft Reader - Only for Windows.
MobiPocket Reader - A universal eBook and eNews Reader for PalmOs, WindowsCE, Psion Epoc32 and Franklin
                                  eBookMan PDAs.

Free e-books:

http://www.free-ebooks.net/
http://www.web-books.com/cool/ebooks/Library.htm

Free images for non-profit, educational use and fair use:

The American Memory Collection
Internet Public Library - Provides links to digitized databases of historical photographs.
AccuNet/AP photo archive - Your library may have subscribed to it.
Society of Architectural Historians' Image Exchange
Art Images for College Teaching

Sheet music:
http://www.sheetmusicarchive.com/
http://www.freesheetmusic.net/
http://plato.acadiau.ca/courses/musi/callon/2273/scores.htm
The Choral Public Domain Library - An archive of free choral music.
Musica Viva
Nissimo
Classical Piano Free Downloads
Cyberhymnal