Abstract

The evolving landscape of law librarianship presents increasing risks of copyright infringement for law libraries and law librarians. Since the Library Exception of the Copyright Act (17 U.S.C. § 108) was enacted, library collections have shifted from almost exclusively print materials toward digital formats. The law did not account for such change, and many law librarians do not appreciate the heightened risks it poses. Due to their specialized knowledge and experience with legal resources, law librarians are particularly susceptible to being held liable for copyright infringement. While courts can remit damages imposed against librarians for such infringement, certain conditions must be met. This article examines critical questions arising from these conditions and proposes actions the law librarianship community might take to protect itself from liability. Though the questions might seem straightforward, they are becoming increasingly complex, with significant ramifications for both law librarians and their employers.

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