The information included on this guide is intended for informational purposes only and is not and should not be taken as legal advice.
This set of pages has been designed with the job functions of Content Services in mind. Please note that this is not intended to be a comprehensive list of all the ways our work intersects with copyright law, nor all the sections of the law that may be relevant. Additionally, each section of copyright law is more nuanced than is presented here.
The Library lends its physical materials to patrons primarily through Section 109 of copyright law, commonly called the "First Sale Doctrine." For more information on this, see the "Public Services" page of this guide.
But what about providing access to digital materials? The Library provides ebooks, journals, newspapers, and other content based on license agreements with vendors. The First Sale Doctrine relies on the sale of a product, typically a tangible item, and does not apply to licensed content.
Digital library content is typically provided through licensing, and contract law is enforceable over copyright law. The terms of each agreement dictate how the content can be accessed, used, shared, and so on. So even common Library activities - like interlibrary loan - may not be allowed for digital content depending on the license terms.
Section 108 allows for libraries to make certain reproductions of copyrighted materials. Preservation of materials is one such allowance.
This limitation allows eligible libraries to make preservation and replacement copies of certain materials. Academic libraries at public institutions, including SLCC Library Services, are eligible. Copies must not be made for a commercial advantage, nor should they be systematic. Copied works should include a copyright notice.
A copy of an unpublished work may be made for preservation if the work is currently in the Library's collection.
The library may make a replacement copy of a "damaged, deteriorating, lost, or stolen [item],or if the existing format in which the work is stored has become obsolete..." Before making a replacement copy, the library must determine "that an unused replacement cannot be obtained at a fair price."
Digital preservation and digital copies may have additional requirements that deserve a closer reading of the law than what is set out for informational purposes here.
