All guides: Resource Sharing: Copyright Issues

Attribution and thanks

The Resources pages of this guide were based on a previous LibGuide created by Kelsey Milner at Southeastern NY Library and Resources Council.

Copyright Issues

Ask a Lawyer

In partnership with the Western New York Library Resources Council (WNYLRC), the Capital District Library Council (CDLC) has retained the services of an attorney to offer CDLC and its members timely input on intellectual property, digital rights management, vendor contracts, first amendment, civil rights, employment law, and other legal issues that can impact library operations.

Recently Asked Questions

Recent questions and responses for the lawyer are available. Many of the questions relate to copyright law, and could be helpful for ILL practitioners.

CDLC received a question about the CONTU guidelines and how they applied to single institutions with multiple branches or locations.

Here is the response we received. Please note, CDLC is not directly offering legal advice or assistance.

Fair Use

Copyright Law - Governing Fair Use

Text of copyright law (Title 17 section 107), which provides the criteria for fair use of materials.
Copyright & Fair Use, Stanford University Libraries

This website has several fair use and copyright resources including an FAQ, helpful charts and tools, a blog, and copyright case opinion summaries.
Fair Use Evaluator

This tool helps individuals document the specific information needed to support a fair use evaluation.

Public Domain

Copyright Terms & Public Domain

A helpful chart detailing copyright terms and indicating when specific materials become public domain.
Public Domain Slider

A tool from ALA to help determine the copyright status of a work.

Quick and Dirty ILL Copyright

You are Sending an ILL eForm

Rule of 5 (when requesting articles that were published within the past 5 years)
- Within a calendar year (Jan- Dec) you can not request more than 5 copies of any articles from a given journal title. If you request more than 5 articles you must pay the publisher for the journal article.
Although the material is being used in an educational setting, it doesn't mean Fair Use is an excuse to get and distribute free copies of an item.
- Use thisChecklist created by Cornell University to help determine if 'Fair Use' is applicable.
Patrons must be made aware of copyright.
- Copies must prominently display the copyright warning.

You are Filling an ILL eForm

You can not photocopy or scan more than half of a book unless it is in public domain/ out of copyright.

Most government documents are in the public domain.

When sending copies from a database/eJournal make sure it is within your contract to be able to do so.
Patrons must be made aware of copyright.

Copies must prominently display the copyright warning.

ALA Copyright Tools
A number of tools that were developed by the ALA. Some of these tools include the Public Domain slider, the Section 108 Spinner, the Fair Use Evaluator, and the Exceptions for Instructors eTool. These tools are all available online via ALA.
CONTU Guidelines
The official word as it exists in its legal format. The National Commission on New Technological Uses of Copyrighted Works (CONTU) states that: "During one calendar year, no more than five copies may be received from any one work whose publication date is within five years of the date of the patron's request."
Copyright Advisory Network
A service provided by the American Library Association's Office for Information Technology Policy.
Copyright Clearance Center
A commercial site, Copyright Clearance Center will, for a fee, file batch permission statements for you. Fees are negotiable depending on volume.
Copyright Crash Course
From the University of Texas at Austin, this easy-to-understand “class” covers fair use, multimedia, the digital library, copyright management, and licensing resources.
Copyright Term and the Public Domain in the United States
A quick reference table on copyright put out by Cornell University Library
Creative Commons
An organization that provides free, easy-to-use copyright licenses to make a simple and standardized way to give the public permission to share and use creative work.
Fair Use Checklist
A Checklist created by Cornell to help determine if 'Fare Use' is applicable
Interlibray Loan: Copyright Guidelines and Best Practices
A white paper by the Copyright Clearance Center reviewing best practices for interlibrary loan.
LOCIS – Library of Congress
The Library of Congress provides LOCIS to enable interested parties to search copyright records. There are three different databases to choose from and two methods to connect.

General Copyright Resources

Copyright Crash Course

The University of Texas Libraries maintains a Copyright Crash Course, which has a section specifically for librarians. This includes information on Section 108--relevant to inter-library loan--as well as fair use and licenses for digital resources.
Copyright Clearance Center White Paper

This white paper, published in 2013, provides a brief but thorough overview of copyright considerations in inter-library loan.
ALA Copyright

A wiki managed by ALA with a broad array of resources including links to copyright law and relevant copyright resources. The wiki also has information on fair use, the First Sale Doctrine, use of videos / movies in the library, and the TEACH act.
Copy Talk Webinar Archive

An archive of recorded ALA webinars relating to copyright issues.
Kraemer Copyright Conference Archives

This annual conference provide librarians the opportunity to learn about U.S. Copyright Law, recent updates to the law, and how it impacts library services.

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