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- REPRODUCTION OF COPYRIGHTED WORKS - 1/12 -


Reproduction of Copyrighted Works by Educators and Librarians

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Many educators and librarians ask about the fair use and photocopying provisions of the copyright law. The Copyright Office cannot give legal advice or offer opinions on what is permitted or prohibited. However, we have published in this circular basic information on some of the most important legislative provisions and other documents dealing with reproduction by librarians and educators.

Also available is the 1983 Report of the Register of Copyrights on Library Reproduction of Copyrighted Works (17 U.S.C. 108). The Report and seven appendixes can be purchased in microfiche or paper copies by written request from the National Technical Information Service, U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161 or by calling the Sales Desk at (703)487-4650. The FAX number for placing orders is (703) 321-8547. The TTY number for placing orders is (703) 487-4639. When ordering, please include the fol-lowing NTIS Accession Numbers: PB83 148239ACY, Entire Set; PB83 148247ACY, Report Only; PB83 148254ACY, Appendix l (King Report); PB83 148262ACY, Appendix II (Chicago Hearing and Written Comments); PB83 148270ACY, Appendix III (Houston Hearing and Written Comments); PB83 148288ACY, Appendix IV (Washington Hearing and Written Comments); PB83 148296ACY, Appendix V (Anaheim Hearing and Written Comments); PB83 148304ACY, Appendix VI (New York Hearing and Written Comments); and PB83 148312ACY, Appendix VII (Final Written Comments).

The 1988 5-year Report of the Register of Copyrights on Library Reproduction of Copyrighted Works is also available from NTIS. Use NTIS Accession Number PB88 212014ACY.

**Contents of This Booklet**

A. Introductory Note ................................................. 4 B. Exclusive Rights in Copyrighted Works ............................. 4 1. Text of Section 106 ............................................... 4 2. Excerpts From House Report ........................................ 5 C. Fair Use .......................................................... 5 1. Text of Section 107 ............................................... 5 2. Excerpts From House Report ........................................ 6 a. Introductory Discussion ........................................... 6 b. Statement of Intention as to Classroom Reproduction ............... 7 (i) Introductory Statement ........................................... 7 (ii) Guidelines With Respect to Books and Periodicals ................ 7 (iii) Guidelines With Respect to Music ............................... 9 (iv) Discussion of Guidelines ........................................ 9 c. Additional Excerpts .............................................. 10 3. Excerpts From Conference Report .................................. 10 4. Excerpts From Congressional Debates .............................. 11 D. Reproduction by Libraries and Archives ........................... 12 1. Text of Section 108 .............................................. 12 2. Excerpts From Senate Report ...................................... 13 a. Discussion of Libraries and Archives in Profit-Making Institutions .............................................. 13 b. Discussion of Multiple Copies and Systematic Reproduction ........ 13 3. Excerpts From House Report ....................................... 14 a. Introductory Statement ........................................... 14 b. Discussion of Libraries and Archives in Profit-Making Institutions............................................... 15 c. Rights of Reproduction and Distribution Under Section 108 ........ 15 d. General Exemptions for Libraries and Archives .................... 16 e. Discussion of Multiple Copies and Systematic Reproduction ........ 17 f. Discussion of Works Excluded ..................................... 17 4. Excerpts From Conference Report .................................. 17 a. Introductory Discussion of Section 108 ........................... 18 b. Conference Committee Discussion of CONTU Guidelines on Photocopying and Interlibrary Arrangements ................ 18 c. Reprint of CONTU Guidelines on Photocopying and Interlibrary Arrangements .............................................. 18 d. Discussion of "Audiovisual News Program" ......................... 19 e. Discussion of Libraries and Archives in Profit-Making Institutions............................................... 19 5. Copyright Office Regulations Under Section 108 ................... 19 E. Liability for Infringement ....................................... 20 1. Text of Section 504 .............................................. 20 2. Excerpts From House Report ....................................... 21 3. Excerpts From Conference Report .................................. 22 F. Guidelines for Off-air Recording of Broadcast Programming for Educational Purposes ...................................... 22

-------------------- A. INTRODUCTORY NOTE --------------------

*The Subjects Covered in This Booklet*

The documentary materials collected in this booklet deal with reproduction of copyrighted works by educators, librarians, and archivists for a variety of uses, including: + Reproduction for teaching in educational institutions at all levels; and + Reproduction by libraries and archives for purposes of study, research, interlibrary exchanges, and archival preservation.

The documents reprinted here are limited to materials dealing with reproduction. Under the copyright law, reproduction can take either of two forms: + The making of copies: by photocopying, making micro-form reproductions, videotaping, or any other method of duplicating visually-perceptible material; and + The making of phonorecords: by duplicating sound recordings, taping off the air, or any other method of recapturing sounds.

The copyright law also contains various provisions dealing with importations, performances, and displays of copyrighted works for educational and other noncommercial purposes, but they are outside the scope of this booklet. You can obtain a copy of the statute and information about specific provisions by writing to the Publications Section, LM-455, Copyright Office, Library of Congress, Washington, D.C. 20559-6000.

*A Note on the Documents Reprinted*

The documentary materials in this booklet are reprints or excerpts from six sources:

1. The Copyright Act of October 19, 1976. This is the copyright law of the United States, effective January 1, 1978 (title 17 of the United States Code, Public Law 94-553, 90 Stat. 2541).

2. The Senate Report. This is the 1975 report of the Senate Judiciary Committee on S. 22, the Senate version of the bill that became the Copyright Act of 1976 (S. Rep. No. 94-473, 94th Cong., 1st Sess., November 20 (legislative day November 18,1975)).

3. The House Report. This is the 1976 report of the House of Representatives Judiciary Committee on the House amendments to the bill that became the Copyright Act of 1976 (H.R. Rep. No. 94-1476, 94th Cong., 2d Sess., Sep-tember 3,1976).

4. The Conference Report. This is the 1976 report of the "committee of conference on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. 22) for the general revision of the Copyright Law" (H.R. Rep. No. 94-1733, 94th Cong., 2d Sess., September 29,1976).

5. The Congressional Debates. This booklet contains excerpts from the Congressional Record of September 22, 1976, reflecting statements on the floor of Congress at the time the bill was passed by the House of Representatives (122 CONG. REC. H 10874-76, daily edition, September 22,1976).

6. Copyright Office Regulations. These are regulations issued by the Copyright Office under section 108 dealing with warnings of copyright for use by libraries and archives (37 Code of Federal Regulations Sec. 201.14).

Items 2 and 3 on this list--the 1975 Senate Report and the 1976 House Report--present special problems. On many points the language of these two reports is identical or closely similiar. However, the two reports were written at different times, by committees of different Houses of Congress, on somewhat different bills. As a result, the discussions on some provisions of the bills vary widely, and on certain points they disagree.

The disagreements between the Senate and House versions of the bill itself were, of course, resolved when the Act of 1976 was finally passed. However, many of the disagreements as to matters of interpretation between statements in the 1975 Senate Report and in the 1976 House Report were left partly or wholly unresolved. It is therefore difficult in compiling a booklet such as this to decide in some cases what to include and what to leave out.

The House Report was written later than the Senate Report, and in many cases it adopted the language of the Senate Report, updating it and conforming it to the version of the bill that was finally enacted into law. Thus, where the differences between the two Reports are relatively minor, or where the discussion in the House Report appears to have superseded the discussion of the same point in the Senate Report, we have used the House Report as the source of our documentation. In other cases we have included excerpts from both discussions in an effort to present the legislative history as fully and fairly as possible. Anyone making a thorough study of the Act of 1976 as it affects librarians and educators should not, of course, rely exclusively on the excerpts reprinted here but should go back to the primary documentary sources.

---------------------------------------- B. EXCLUSIVE RIGHTS IN COPYRIGHTED WORKS ----------------------------------------

1. Text of Section 106

=============================================================== The following is a reprint of the entire text of section 106 of title 17, United States Code. ===============================================================

*Section 106. Exclusive rights in copyrighted works*

Subject to sections 107 through 120, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords;


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