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San Jose State University LIBR 220-01 Libraries and the Law
School of Library & Information Science Mary Minow

Legal QuestionsBibliography
The library [the Music Library at University of California Berkeley, specifically] forbids the photocopying or faxing or archival materials. Our staff has always been told that photocopying is legally forbidden on the grounds that it is a violation of copyright law. Is this true? Lia Bushong

Back to List of Legal Questions To: University of California Berkeley Music Library From: Lia Bushong Re: Staff Inquiry into the Legality of Photocopying Restrictions

Question: The library [the Music Library at University of California Berkeley, specifically] forbids the photocopying or faxing or archival materials. Our staff has always been told that photocopying is legally forbidden on the grounds that it is a violation of copyright law. Is this true?

Encyclopedic Resources: An excellent way to begin researching this topic would be to look at the following sources: Cal Jur 3d and Corpus Juris Secondum. The latter proved to be an invaluable resource in investigating this question (See attached sheet). From an investigation into these encyclopedic sources, some subject headings relevant to this topic might include:

  1. "Literary and Artistic Property" (from Cal Jur 3rd)
  2. "Musical Compositions" (from Cal Jur 3rd)
  3. "Reproduction by Libraries and Archives" (from Corpus Juris Secondum)
Statuatory Resources: A search in LEXIS revealed the following statutory resources:
  1. Limitations on exclusive rights: Reproduction by libraries and archives (17 USCS § 108)
  2. Exclusive rights in copyrighted works (17 USCS § 106)
  3. Importation of copies or phonorecords by organization operated for scholarly, educational, or religious purposes and not for private gain (17 USCS § 602)
Practice Guide: (I located the following title by searching in the San Jose State Online Catalog, which might be helpful.) / Bielefield, Arlene and Cheeseman, Lawrence (1993). Libraries & Copyright Law. New York : Neal-Schuman Publishers.

Case Law: The following cases were obtained from LEXIS, by exploring the "FedSec" library, under the file "Mega". I also explored www.findlaw.com, under "All Circuit Courts" to find some of the cases which discuss "fair use" as it pertains to copyright law.

  1. Basic Books Inc. v. Kinko's Graphic Corporation (1991) 758 F. Supp. 1552
  2. Princeton University Press v. Michigan Document Services Inc. (1996) 99 F. 3d 1381
  3. Advanced Computer Services v. MAI Systems Corp (1994) 845 F. Supp. at366
  4. Sony Corp. of America v. Universal City Studios Inc. (1983) 464 U.S. 417
  5. Masson v. New Yorker Magazine, Inc. (1991) 501 U.S. 496.
Law Review Articles: Several articles from law journals were found by searching in LEXIS in the Legal News and Practice library, under the file entitled "All News". Other articles were found in the 21st volume of ALR Fed, under "Photocopying as Infringement":
  1. Marke, Julius J. (1998, March 17) Library's acquisition of unpublished work. New York Law Journal. p.5.
  2. House of Representatives subcommittee adopts non-legislative report on fair use guidelines for educational multimedia (1997) Entertainment Law Reporter, 19 (3).

    *(The following citations are from ALR Fed:)*

  3. Breyer, "The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs." 84 Harvard L Rev 281 (1970).
  4. Note, Education and Copyright Law: An Analysis of the Amended Copyright Revision Bill and Proposals for Statutory Licensing and a Clearinghouse System. 56 Virginia L Rev 664 (1970).

Back to List of Legal QuestionsLast Updated: October 15, 1998