Fair Use In The Electronic Age: Serving The Public Interest

Posted on June 1, 2004
Filed Under Digitisation |

Statement from leading US libraries on Fair Use in the Electronic Age.

Without infringing copyright, the public has a right to expect:

- to read, listen to, or view publicly marketed copyrighted material privately, on site or remotely;

- to browse through publicly marketed copyrighted material;

- to experiment with variations of copyrighted material for fair use purposes, while preserving the integrity of the original;

- to make or have made for them a first generation copy for personal use of an article or other small part of a publicly marketed copyrighted work or a work in a library’s collection for such purpose as study, scholarship, or research; and

- to make transitory copies if ephemeral or incidental to a lawful use and if retained only temporarily.
Without infringing copyright, nonprofit libraries and other Section 108 libraries, on behalf of their clientele, should be able:

- to use electronic technologies to preserve copyrighted materials in their collections;

- to provide copyrighted materials as part of electronic reserve room service;

- to provide copyrighted materials as part of electronic interlibrary loan service; and

to avoid liability, after posting appropriate copyright notices, for the unsupervised actions of their users.

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