"Why Does the U.S. Copyright Office Require Libraries to Lie to Users about Their Fair Use Rights? They Won’t Say."

The problem is that although Section 108 makes clear that the [library] copyright warning notice it requires is not intended to restrict artificially the fair use rights of document users, the code itself doesn’t provide the language for the notice. It specifies that the "warning of copyright" shall be written "in accordance with requirements that the Register of Copyrights shall prescribe by regulation." And the language prescribed by the Register of Copyrights in that regulation is, unfortunately, false and misleading. And worse, libraries are required to include the prescribed language "verbatim."


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Author: Charles W. Bailey, Jr.

Charles W. Bailey, Jr.