Law & Legal & Attorney Copyrights

The Impact of Digitization of a Library on Copyright Laws

    Author Copyrights

    • Book author and publisher copyrights grant limited, exclusive control over how books are duplicated and distributed. These controls ensure that authors and publishers can get paid for the fruits of their labor.

    Library Copies

    • Under Section 108 of the U.S. Copyright Act, public libraries may make copies of works in their collections within certain limits. Libraries may not profit in any way from the copies they create.

    Fair Use

    • Because of the restrictive limits on library copies, many libraries rely on fair use under Section 107 of the U.S. Copyright Act, especially the provision to allow use for "nonprofit educational purposes."

    Public Domain

    • After a copyright term expires, the work enters the public domain, where it can be freely copied, reprinted and modified by any person at any time. Libraries may freely digitize works in their collection that have already passed into the public domain.

    Online Content

    • In 2008, the "International Study on the Impact of Copyright Law on Digital Preservation" warned that libraries "must be careful about diverting users from websites" when copying online content. Libraries must always be careful not to interfere with the market for copyrighted content.

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