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United States Copyright Law

The copyright law of the United States, Title 17, U.S.C., specifies the limitations for making photocopies and other reproductions of copyrighted material. As of April 1999 the law was amended from its 1976 status with the inclusion of the Digital Millenium Copyright Law and the Sonny Bono Term Extension Act.

Under certain conditions specified by the law, libraries and archives are authorized to furnish a photocopyy or other reproduction. One of these specified conditions is that the reproduction is not to be used for "any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a reproduction for purposes in excess of Fair Use, that user may be liable for copyright infringement.

Fair Use (17 U.S.C. §107)

According to U.S. copyright law, the determination of Fair Use is subject to the following factors:

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

2. The nature of the copyrighted work;

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

4. The effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not, in itself, bar finding of fair use if such finding is made upon consideration of all the above factors.

Educational Use Exemptions (17 U.S.C. § 110)

Section 110 (1) exempts from infringement liability the performance or display of a copyrighted work in the course of face-to-face teaching activities by a nonprofit educational institution in a classroom or similar setting.

Section 110 (2) exempts from liability the transmission of a performance or display of a copyrighted work if (1) the performance or display is a regular part of the systematic instructional activities of the nonprofit institution; (2) the performance or display is directly related and of material assistance to the teaching content of the transmission; and (3) the transmission is made primarily for reception in classrooms or similar places or by persons to whom the transmission is directed because of their disabilities.

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The text and policy above is adopted from the "Intellectual Property and Privacy Information" information contained in the University of Southern Mississippi Library website, Civil Rights in Mississippi Digital Archive:

<http://www.lib.usm.edu/~spcol/crda/ipp/subpage_copylaw.htm>
and
<http://www.lib.usm.edu/~spcol/crda/ipp/subpage_copystate.htm>

as of February 23, 2006.

 

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