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Reproduction by Libraries

Reproduction by Libraries

Reproduction by Libraries by Libraries and Archives (Section 108)

Under the special rights provided to libraries and research archives that are non-commercial, open to the public, and displays a copyright notice, Clifton M. Miller Library is permitted to make copies that become the property of one of their users:

  • provided that the copy is of a small portion of a work (such as an article in a collection) or,
  • the whole of a work “which can not be obtained at a fair price,” provided it is evident that the use will be for scholarship or study, and
  • the library or archive display a prominent warning of copyright. This is the statutory basis for interlibrary loan.

Prohibition

It is an infringement:

  1. to engage in the related or concerted Reproduction by Libraries or distribution of multiple copies of the same material, whether made on one occasion or over a period of time, and whether intended for aggregate use by one or more individuals or for separate use by the individual members of a group; or
  2. to engage in the systematic Reproduction by Libraries or distribution of single or multiple copies of material … in such aggregate quantities as to substitute for a subscription to or purchase of such work.

These restrictions make it clear that the library and library reserve system may not be used to substitute for course packs.