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Copyright

In addition to the specific exemptions provided here, libraries and archives may also avail themselves of the Fair Use exemption. 

Note: For the wording of notices and warnings described below, see chapter 13 of this guide, “Copyright Notices and Warnings.”

Libraries and archives at Wheaton College may:

  • Copy an unpublished work in their collections solely for purposes of preservation and security or for deposit for research use in another library or archives. If the copy is made in digital format, it may not be made available to the public in that format outside the premises of the library or archives.
     
  • Make up to three copies of a published work solely for the purpose of replacement of a copy that is damaged, deteriorating, lost, or stolen, or if the existing format in which the work is stored has become obsolete, if:
  1. The library or archives has determined, after a reasonable effort, that an unused replacement cannot be obtained at a fair price and
     
  2. A copy made in digital format is not made available to the public in that format outside the premises of the library or archives
  • Copy for a patron or to fulfill an interlibrary loan request of no more than one article or other contribution to a copyrighted collection or periodical issue, or a small part of any other copyrighted work, if:
  1. The copy becomes the property of the user and the library or archives has had no notice that the copy would be used for any purpose other than private study, scholarship, or research and
     
  2. The library or archives prominently displays a copyright warning at the place where orders are accepted, and includes the copyright warning on its order form
  • Make one copy for a patron or to fulfill an interlibrary loan request of an entire work or a substantial part of it, if:
  1. The library or archives has determined, after a reasonable effort, that the work cannot be obtained at a fair price and
     
  2. The copy becomes the property of the user and the library or archives has had no notice that the copy would be used for any purpose other than private study, scholarship, or research and
     
  3. The library or archives prominently displays a copyright warning at the place where orders are accepted, and includes the copyright warning on its order form

In all cases, the library or archives:

  • May not charge more than what is necessary to cover the cost of making the copy. 
     
  • Must include a notice of copyright on the copy made, or in the absence of a notice, a warning that the material may be protected by copyright. 
     
  • Will not be held liable, nor will an employee of the library or archives be held liable, for copyright infringement resulting from unsupervised copying by patrons, provided that copying equipment displays a notice that the making of a copy may be subject to copyright law. 
     
  • May not engage in systematic or concerted copying or distribution of copies.

Summary of §108, Copyright Act