How do you balance the needs of your users and the rights of the creators?

1 What is copyright?

Copyright is a legal concept that grants the creator of an original work the exclusive right to control how it is used, reproduced, distributed, performed, displayed, or adapted. It applies to various types of works, such as books, articles, music, films, software, images, and more. Copyright does not protect ideas, facts, or public domain works, but only the expression of them in a fixed form.

2 Why does it matter for librarians?

Librarians have a responsibility to uphold the public interest in providing access to information and promoting intellectual freedom, as well as to respect the rights and interests of the creators and publishers of the works they collect and share. Librarians also have a duty to educate themselves and their users about the legal and ethical implications of using copyrighted works, and to avoid engaging in or facilitating any unauthorized or infringing activities.

3 What are the exceptions and limitations?

There are some exceptions and limitations to the exclusive rights of the copyright holders, which allow librarians and users to use copyrighted works for certain purposes without permission or payment. These include fair use, first sale doctrine, library exemption, and public domain. Fair use is a flexible and case-by-case analysis that considers four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market or value of the work. First sale doctrine allows librarians to lend or resell legally acquired copies of works without violating the distribution right. Library exemption allows librarians to make copies of works for preservation, replacement, or interlibrary loan purposes under certain conditions. Public domain refers to works that are no longer protected by copyright or never were, such as works created by the federal government, works with expired terms, or works dedicated by the authors.

4 How do you apply the best practices?

To balance the needs of your users and the rights of the creators, you need to apply the best practices that are consistent with the law, the professional standards, and the mission of your library. Some of the best practices include: developing and implementing a copyright policy for your library, providing copyright education and guidance for your staff and users, obtaining permissions or licenses when necessary, using open access or licensed resources when possible, attributing sources and citing works properly, and seeking legal advice when in doubt.

5 How do you keep up with the changes?

Copyright law is constantly changing and evolving, as new technologies, formats, and modes of communication emerge and challenge the existing rules and norms. Librarians need to keep up with the changes and stay informed about the latest developments, trends, and issues that affect their work and their users. Some of the ways to do that include: following the news and updates from reputable sources, such as the U.S. Copyright Office, the Library of Congress, the American Library Association, and other relevant organizations, participating in professional development and training opportunities, such as webinars, workshops, courses, or conferences, networking and collaborating with other librarians and experts in the field, and advocating for the interests and values of the library community.

6 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?