"Copyright and Intellectual Property Right Guidelines which Pertain to Librarians"

Copyright and intellectual property rights are a major issue within the library and information profession. A librarian needs to know which books and articles can be copied and how many copies are permitted. Librarians tend to favor more generous interpretations of copyright and intellectual property rights. It is the librarian’s duty to provide materials for their patrons, materials which can both be checked-out and copied. If the copy right and intellectual property rights laws are too strict a librarian will not be able to serve the public in the capacity of a librarian.

There are two doctrines which support the librarian’s professional goals to disseminate and circulate information for free or at a relatively low cost. These doctrines are the “Right of First Sale” and “Fair Use” (Rubin, 2004 p. 142). The doctrine which allows librarians to check items out on loan is the "Right of First Sale" (Rubin, 2004 p. 142). “Under this right, the owner of a lawfully made copy is authorized ‘without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy. . .’ (17 U.S.C., Section 109 [a] [1988])” (Rubin, 2004 p. 142).

The "Fair Use" doctrine mediates issues that “fall outside the control of the copyright owner” (Rubin, 2004 p. 142). “When an individual makes a copy under the fair-use doctrine, he or she is not required to get permission from the copyright owner” (Rubin, 2004 p. 142). There are four different criteria which are the determinants of whether a use of material is a “Fair Use” of material (Rubin, 2004 p.142):

1) The purpose and character of the use, including whether such is of a
commercial nature or is for nonprofit educational purposes;

2) The nature of the copyright work;

3) The amount and substantiality of the portion used in relation to the
copyrighted work as a whole;

4) The effect of the use upon the potential market for or value of the
copyrighted work (17 U.S.C. Section 107)(Rubin, 2004 p. 142-143).

The overall approach of the American Library Association (A.L.A) to copyrights issues is to be very liberal with what can be copied and how many copies can be made. A.L.A. is interested in providing information for the library patron, not on limiting information due to strict copyright laws. Where copyright laws are not in place, as with electronic reserves A.L.A. came up with their own interpretation of “Fair Use” as it pertains to electronic reserves.

A.L.A. joined with the A.C.R.L., the Association of College and Research Libraries, and has drawn up, again, very liberal guidelines. “. . .the ACRL statement takes a liberal view of the amount that can be copied in so far as it is to meet relevant teaching objectives of an instructor, and minimizes the importance of the effect such use may have on the market, if the use is for legitimate educational purposes” (Rubin, 2004 p. 145).

Works Cited in A.P.A. Format

8-4-2010 3:09 a. m. (E.S.T.)

According to the reference guidelines provided at Purdue Owl:
http://owl.english.purdue.edu/owl/resource/560/08/
and citation guidelines
http://owl.english.purdue.edu/owl/resource/560/03/

Rubin, R. E. (2004). Foundations of Library and Information Science: 2nd Edition. New York: Neal-Schuman Publishers, Inc.