Office - Reproduction of Copyrighted Works by Educators and Librarians

The Project Gutenberg EBook of Reproduction of Copyrighted Works ByEducators and Librarians, by Library of Congress. Copyright Office. and United States

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Title: Reproduction of Copyrighted Works By Educators and Librarians

Author: Library of Congress. Copyright Office.
United States

Posting Date: August 8, 2009 [EBook #4318]Release Date: August, 2003First Posted: January 5, 2002

Language: English

*** START OF THIS PROJECT GUTENBERG EBOOK REPRODUCTION OF COPYRIGHTED WORKS ***

Produced by George Davis

United States Copyright Office

Circular 21

Reproduction of Copyrighted Works by Educators and Librarians

Many educators and librarians ask about the fair use and photocopyingprovisions of the copyright law. The Copyright Office cannot give legaladvice or offer opinions on what is permitted or prohibited. However, wehave published in this circular basic information on some of the mostimportant legislative provisions and other documents dealing withreproduction by librarians and educators.

Also available is the 1983 Report of the Register of Copyrights onLibrary Reproduction of Copyrighted Works (17 U.S.C. 108). The Reportand seven appendixes can be purchased in microfiche or paper copies bywritten request from the National Technical Information Service, U.S.Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161 orby calling the Sales Desk at (703)487-4650. The FAX number for placingorders is (703) 321-8547. The TTY number for placing orders is (703)487-4639. When ordering, please include the fol-lowing NTIS AccessionNumbers: PB83 148239ACY, Entire Set; PB83 148247ACY, Report Only; PB83148254ACY, Appendix l (King Report); PB83 148262ACY, Appendix II(Chicago Hearing and Written Comments); PB83 148270ACY, Appendix III(Houston Hearing and Written Comments); PB83 148288ACY, Appendix IV(Washington Hearing and Written Comments); PB83 148296ACY, Appendix V(Anaheim Hearing and Written Comments); PB83 148304ACY, Appendix VI(New York Hearing and Written Comments); and PB83 148312ACY, AppendixVII (Final Written Comments).

The 1988 5-year Report of the Register of Copyrights on Library
Reproduction of Copyrighted Works is also available from NTIS. Use NTIS
Accession Number PB88 212014ACY.

**Contents of This Booklet**

A. Introductory Note . 4B. Exclusive Rights in Copyrighted Works .. 41. Text of Section 106 .. 42. Excerpts From House Report . 5C. Fair Use . 51. Text of Section 107 .. 52. Excerpts From House Report . 6a. Introductory Discussion . 6b. Statement of Intention as to Classroom Reproduction 7(i) Introductory Statement . 7(ii) Guidelines With Respect to Books and Periodicals . 7(iii) Guidelines With Respect to Music . 9(iv) Discussion of Guidelines . 9c. Additional Excerpts . 103. Excerpts From Conference Report . 104. Excerpts From Congressional Debates 11D. Reproduction by Libraries and Archives 121. Text of Section 108 . 122. Excerpts From Senate Report .. 13a. Discussion of Libraries and Archives in Profit-Making Institutions . 13b. Discussion of Multiple Copies and Systematic Reproduction .. 133. Excerpts From House Report 14a. Introductory Statement . 14b. Discussion of Libraries and Archives in Profit-Making Institutions.. 15c. Rights of Reproduction and Distribution Under Section 108 .. 15d. General Exemptions for Libraries and Archives .. 16e. Discussion of Multiple Copies and Systematic Reproduction .. 17f. Discussion of Works Excluded . 174. Excerpts From Conference Report . 17a. Introductory Discussion of Section 108 18b. Conference Committee Discussion of CONTU Guidelines on Photocopying and Interlibrary Arrangements . 18c. Reprint of CONTU Guidelines on Photocopying and Interlibrary Arrangements . 18d. Discussion of "Audiovisual News Program" . 19e. Discussion of Libraries and Archives in Profit-Making Institutions.. 195. Copyright Office Regulations Under Section 108 . 19E. Liability for Infringement 201. Text of Section 504 . 202. Excerpts From House Report 213. Excerpts From Conference Report . 22F. Guidelines for Off-air Recording of Broadcast Programming for Educational Purposes .. 22

A. INTRODUCTORY NOTE

*The Subjects Covered in This Booklet*

The documentary materials collected in this booklet deal with
reproduction of copyrighted works by educators, librarians, and
archivists for a variety of uses, including:
+ Reproduction for teaching in educational institutions at all levels;
and
+ Reproduction by libraries and archives for purposes of study,
research, interlibrary exchanges, and archival preservation.

The documents reprinted here are limited to materials dealing with
reproduction. Under the copyright law, reproduction can take either of
two forms:
+ The making of copies: by photocopying, making micro-form
reproductions, videotaping, or any other method of duplicating
visually-perceptible material; and
+ The making of phonorecords: by duplicating sound recordings, taping
off the air, or any other method of recapturing sounds.

The copyright law also contains various provisions dealing withimportations, performances, and displays of copyrighted works foreducational and other noncommercial purposes, but they are outside thescope of this booklet. You can obtain a copy of the statute andinformation about specific provisions by writing to the PublicationsSection, LM-455, Copyright Office, Library of Congress, Washington,D.C. 20559-6000.

*A Note on the Documents Reprinted*

The documentary materials in this booklet are reprints or excerpts fromsix sources:

1. The Copyright Act of October 19, 1976. This is the copyright law ofthe United States, effective January 1, 1978 (title 17 of the UnitedStates Code, Public Law 94-553, 90 Stat. 2541).

2. The Senate Report. This is the 1975 report of the Senate Judiciary
Committee on S. 22, the Senate version of the bill that became the
Copyright Act of 1976 (S. Rep. No. 94-473, 94th Cong., 1st Sess.,
November 20 (legislative day November 18,1975)).

3. The House Report. This is the 1976 report of the House ofRepresentatives Judiciary Committee on the House amendments to the billthat became the Copyright Act of 1976 (H.R. Rep. No. 94-1476, 94thCong., 2d Sess., Sep-tember 3,1976).

4. The Conference Report. This is the 1976 report of the "committee ofconference on the disagreeing votes of the two Houses on the amendmentsof the House to the bill (S. 22) for the general revision of theCopyright Law" (H.R. Rep. No. 94-1733, 94th Cong., 2d Sess., September29,1976).

5. The Congressional Debates. This booklet contains excerpts from theCongressional Record of September 22, 1976, reflecting statements on thefloor of Congress at the time the bill was passed by the House ofRepresentatives (122 CONG. REC. H 10874-76, daily edition, September22,1976).

6. Copyright Office Regulations. These are regulations issued by theCopyright Office under section 108 dealing with warnings of copyrightfor use by libraries and archives (37 Code of Federal RegulationsSec. 201.14).

Items 2 and 3 on this listthe 1975 Senate Report and the 1976 HouseReportpresent special problems. On many points the language of thesetwo reports is identical or closely similiar. However, the two reportswere written at different times, by committees of different Houses ofCongress, on somewhat different bills. As a result, the discussions onsome provisions of the bills vary widely, and on certain points theydisagree.

The disagreements between the Senate and House versions of the billitself were, of course, resolved when the Act of 1976 was finallypassed. However, many of the disagreements as to matters ofinterpretation between statements in the 1975 Senate Report and in the1976 House Report were left partly or wholly unresolved. It is thereforedifficult in compiling a booklet such as this to decide in some caseswhat to include and what to leave out.