Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/100

84 Third, the library must have no notice that the use will be for a purpose other than private study, scholarship, or research. Congress did not explain what this means, but it is reasonable to conclude that a library may do for a library patron what that person could do for him or herself as a fair use. You may decide—wisely, we think—that your library will not make copies for fee-based information brokers. Information brokers do not request copies for “private study, scholarship, or research.” To the contrary, they are in the business of supplying copies to others. Even if the information broker says “We will pay royalties,” it is your library that is making the copy. If you feel more comfortable not offering document delivery services to fee-based information brokers—and that is how we feel—just say no.

The final condition under 108(d) requires the library to display prominently at the place orders are accepted, and include on its order forms, a warning of copyright as prescribed by the Register of Copyrights. Here is what you have to do: (1) Copy the warning below and tape it near the door of the office where people request copies; (2) include the warning on the form people fill out when they ask for copies; and (3) for electronic ILL requests, include the warning on your electronic ILL form.