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Why Does the U.S. Copyright Office Require Libraries to Lie to Users about Their Fair Use Rights? They Won’t Say.

The Scholarly Kitchen, Rick Anderson: “If you’ve ever made a photocopy in a U.S. library or received a copy of an in-copyright document supplied by your library, you’ve likely seen a notice that looks like this:

The copyright law of the United States (title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.
Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or 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 photocopy or reproduction for purposes in excess of “fair use,” that user may be liable for copyright infringement.
This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.

And if you’re someone who is fairly familiar with U.S. copyright law, and especially with the fair use doctrine, that notice may have led you to ask yourself the following question: “Why are my rights more constrained with regard to a copy made in the library than they would be if the copy were made anywhere else?” Why indeed?

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