ACRL College & Research Libraries News

Association of College & Research Libraries

Letters

Photocopying

To the Editor:

I read with much interest Mr. Amodeo’s article in the November 1983 issue of College & Research Libraries News. If the goal is “Photocopying Without (Much) Damage” the checklist of what “librarians will have to do…to see that there is something left to copy” should include a plea for respect for the copyright notice on the intellectual property of the author and publisher, don’t you think? We who create the books and journals for your patrons applaud your sensitivity in urging your colleagues to take special care with the physical property (e.g., the book) in which the information is embodied. But if you are concerned, as you say in closing your thoughtful article, “that the librarians and staff set a good and consistent example,” your checklist should include suggestions relating to the obligation to obtain permission from the copyright owner for making the copies and perhaps some explanation of the mechanism for paying photocopying fees through the Copyright Clearance Center.

To see that there is something left to copy, as you so clearly put it, it is vital to insure that the creators are rewarded for their efforts and their investment. This is a concept that has been accepted by civilized societies for hundreds of years. Most recently, the Congress of the United States, in recognizing the importance of such compensation, passed new legislation (Title 17, U.S. Code) to carry out the intent of the copyright protection concept embodied in the United States Constitution. The Register of Copyrights, in his report to Congress in January 1983 reaffirmed the need to have some mechanism whereby the creators of the information are paid for the use of their works.

As you and your colleagues in the library community know, your ownership of a book does not carry with it the right to make copies of that book. Your reference to “the excessive number of pages copied by the enthusiast in these days of unbridled (copyright law or no) reproduction” falls far short of a productive contribution to this problem. If “excessive” photocopying continues, publishers will no longer be able to publish the kind of shortrun material especially needed by college and research libraries. Many librarians act responsibly.

Unfortunately, many do not, as witness their absence from the registration rolls of the Copyright Clearance Center. They are in the process of killing the goose that lays the golden egg.—Allan Wittman, President, Professional Books Division, Macmillan Publishing Company, New York.

The author responds:

Although the question of copyright was not the focus of this article, your point is well taken. The phrase you quote (“the excessive number”) was not intended to be flippant but rather to recognize the unfortunate reality of the situation. Most librarians are scrupulous about not copying beyond fair use limits, but libraries have little or no control over the copying of circulating collections; after all, the patron need only jog over to the nearest quickcopying center to reproduce even better copies of whatever s/he wants, and for less money. Following my suggestions would certainly lead to better control over copyright abuse for at least some materials. In these days of skeleton staffing and multiplied duties for each librarian and clerk, just following these suggestions can pose some problems; but again, even if hawk-eyed librarians were to pounce on offenders in the library, circulating materials would still be fair, or rather, unfair game. The advisory signs regarding copyright law posted in libraries, explanation of the law and copyright ethics during library orientation, and strict enforcement of fair use regarding materials copied by library staff are about as much as can be done.

At the same time, publishers can take comfort in the fact that libraries buy a lot of books and journals, and pay for the privilege of advertising the publisher’s products. After all, patrons of libraries tend to be buyers of books, and many books and authors are introduced to their buying public via the library.—Anthony J. Amodeo, Glenview, Illinois.