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UNITED STATES COPYRIGHT LAW

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The copyright owner may sell or license any or all of these rights. Copyright is violated if any one of the six exclusive rights is violated.

FAIR USE EXEMPTION (Title 17, Section 107)

The "fair use exemption" provides several instances in which reproduction of copyrighted items is permissible. The law states that "reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright."

In determining whether the use of a copyrighted use is a "fair" use, ALL FOUR of the following factors are considered:

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Because the law is subject to interpretation, many guidelines have been established to assist with interpretation.

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* State the institution's intention to abide by the letter and spirit of the Copyright Law and the associated congressional guidelines.

* Cover all types of materials including print, non-print, graphics, and computer software.

* State that liability for noncompliance with copyright rests with the individual using the work.

* Require training for all personnel who might have need to make copies.

* Require people using materials to produce, on request, copyright justification for its use.

Internet Resource:

ALA National Interlibrary Loan Code
http://www.ala.org/rusa/stnd_lnc.html

Copyright & Fair Use. Stanford University Libraries.
http://fairuse.stanford.edu/

Digital Millennium Copyright Act
http://www.educause.edu/Browse/645?PARENT_ID=254

Library Vision 2004
http://ndsl.lib.state.nd.us/v2004doc.html

North Dakota Century Code-Chapter 40-38 Public Libraries
http://www.state.nd.us/lr/information/statutes/cent-code.html

U.S. Copyright Office
http://www.copyright.gov/

 

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