Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/43

Chapter Two. Restrictions on Use There are exceptions in both Acts that permit non-profit libraries and non-profit educational institutions to lend sound recordings and computer programs. Here is the language from the Act:

The section indicates that non-profit libraries and non-profit educational institutions may lend phonorecords (CDs, tapes, etc.) to anyone. As for computer programs, it seems that the exemption applies only to non-profit educational institutions, which would include their libraries. They may lend software to other educational institutions. and to faculty, students and staff, because such lending is not "for direct or indirect commercial purposes." But read on, for later in section 109, we see this:

Here, congress writes that any type of non-profit library may lend a computer program so long as the library does so for non-profit purposes and if it includes on the package the following warning:

Computer Program Warning Label Notice: Warning of Copyright Restrictions

The copyright law of the United States (Title 17, United States Code) governs the reproduction, distribution, adaptation, public performance, and public display of copyrighted material.

Under certain condition specified in law, nonprofit libraries are authorized to lend, lease, or rent copies of computer programs to patrons on a nonprofit basis and for nonprofit purposes. Any person who makes