Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/93

Chapter Five. The Library Exemption (Section 108), regardless of who owns copyright in each separate contribution. Therefore, treat all books the same: When you copy a chapter, also copy the title page and the general copyright notice. And use the red stamp, too.

As for journals, although the publisher typically has copyright in each issue as a collective work, the authors have copyright in their articles unless they signed those rights away. Although many publishers do in fact require authors to transfer copyright to them, do not assume that the publisher of a journal holds copyright in the articles.

What about digital information? If you want to make a paper copy of a document that you find on a computer, look for the copyright notice on the screen, just as you would if the article was in print. If you find the notice, copy it, too. And use the red stamp.

If you electronically forward the digital article to someone, in your introductory e-mail message include the “” notice. It will be easy to include this notice on a generic “Here is the article you requested” e-mail message that you send to everyone who requests copies.

The Bottom Lines on section 108(a):
 * The copying or distribution must be done with no purpose of direct or indirect commercial advantage. You may not profit, but you may recoup your costs. These may include costs of staff time, equipment, supplies, and delivery.
 * The library collection must be open to the public or available to researchers in a specialized field. Your library qualifies if it offers in-person access to the collection, or if you make your collection available through interlibrary lending. A library need not be open to the general public to fulfill this requirement.
 * Include a notice of copyright on all copies provided, or a legend that the work may be protected. You will not always be able to find the statutory notice on the work copied. Whether you find the formal notice or not, use the “This Material Is Subject to the U.S. Copyright Law; Further Reproduction in Violation of That Law Is Prohibited” stamp (red, 13-point typeface, upper-right-hand corner of the first page of each document copied). Stamp … Stamp … Stamp …