Service Alert
Title 17. Chapter 1 of the United States Code puts forth several limitations on the exclusive rights of copyright holders. For academic institutions, four of these exceptions are generally relevant:
1. Section 107: The Fair Use Doctrine
Fair Use is the "safety valve" of the copyright law. The Supreme Court has acknowledged that "[e]very book in literature, science, and art borrows, and must necessarily borrow, and use much which was well known and used before." -- Supreme Court Justice David Souter. Fair Use recognizes this fact and allows for certain exceptions to the copyright law.
2. Section 108: Exceptions for Libraries and Archives
Section 108 allows libraries and archives "to reproduce no more than one copy or phonorecord of a work . . . or to distribute such copy or phonorecord, under the conditions specificed by this section."
3. Section 109: The First Sale Right
The First Sale Right allows the "owner of a particular copy or phonorecord lawfully made" to "sell or otherwise dispose" of that copy.
4. Section 110: Performance & Display
The Performance & Display exception allows instructors to show copyrighted materials to their students in the course of a class. However, there are many stipulations to this section which must be considered carefully. This is not a blanket exception to copyright law.
A tool to help educators determine whether they can use a copyrighted work in their classroom instruction. Created by Michael Brewer and the ALA Office for Information and Technology Policy.
