Academic Library Reserves, Photocopying, and the Copyright Law

Abstract

Does the common, and academically important, practice of photocopying copyrighted materials and putting them on reserve for use by students constitute copyright infringement? The attention this question has received is exceeded only by the inconclusiveness of the answers. Some commentators are sure that it constitutes infringement; others are equally sure that it does not. The following comments attempt to search out the line between permissible and impermissible photocopying for such purposes, and to spell out the considerations that suggest permissibility in most instances. Reserves, for purposes of this discussion, are defined as selected writings made available to individual and successive students for educational purposes, subject to sharp time limitations and, usually, restrictions on physical removal from the library premises. The copyright issue does not arise except with respect to copyrighted materials that have been copied without the express or implied consent of the copyright owner. Nor is the present discussion concerned with libraries that are connected with commercial organizations, or the possible liability of persons other than the libraries or teachers for instance, students who engage in unauthorized photocopying on unsupervised machines (see Appendix A, section 108[f]). In short, we are concerned here only with the teacher or the library acting upon the teacher's request or on its own initiative who makes, or has made, the unauthorized copies in question and places them on reserve. Since such practice involves a copying within the meaning of the copyright law, it constitutes infringement (see Appendix A, section 106[l]) unless such use is permitted by section 107 or 108 of the Copyright Revision Act of 19761 (see Appendix A).