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What is copyright?

A general definition of copyright is "the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (as a literary, musical or artistic work)" - from Merriam-Webster Dictionary.

In the United States, copyright protection is part of the U.S. Constitution. (Article I, Section 8). In Article 1, section 8, Congress is given the power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"

 Copyright protection has been written into law--it is part of the U.S. Code, in Title 17, including:

  • Title 17,  Chapter 1, Section 106 of the U.S. Code, specifies  "Exclusive Rights in Copyrighted Works". 
  • Title 17, Chapter 1, Section 106A of the U.S. Code, specifies  the "Rights of Certain Authors to Attribution and Integrity".

Libraries and Copyright

 Section 108 of copyright law allows libraries and archives to make a copy of an item they own, under certain circumstances. This exemption allows libraries and archives to make a copy of a item in their collection, to preserve it from destruction, such as when a library or archive copies an old or damaged book to retain its contents for posterity. Also, the section 108 exception is used by libraries and archives to enable ILL (Interlibrary Loan) of materials, from one library to another library, for the purpose of scholarly study or research. 

  •  Title 17, Chapter 1, Section 108, "Limitations on Exclusive Rights: Reproduction by Libraries and Archives."

Libraries, like individuals, also have rights under Title 17, Chapter 1, Section 107  (Fair Use).  Also, in Title 17, Chapter 1, Section 109, a library's right to lend items is mentioned.

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