A student is observed at a photocopying machine, apparently duplicating his/her entire nursing textbook. How might a library respond to this?
First, is the following notice posted on all your photocopying machines?
The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “Fair Use,” that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.
Not only is posting this notice mandatory, but it protects libraries from photocopying in excess of Fair Use .
Does photocopying an entire textbook violate the principles of Fair Use?
Yes. The student is copying the entire work – not a portion or excerpt. One chapter is generally considered Fair Use . While textbooks are undeniably expensive, this unauthorized duplication undermines and hurts potential profits of textbook publishers.
What should we say to the student, if anything?
Quietly take the student aside and inform him/her of the copyright law. Try to work with the student to find a creative, legitimate solution to the dilemma. Try to make this a teachable moment. Is this a popular, heavily used textbook? Have existing copies been pilfered or damaged? Maybe you should budget for multiple copies. Is electronic access a possibility?
Do these same principles apply to related equipment like printers and scanners?
Yes.