ACRL News Issue (B) of College & Research Libraries In this issue: Primary Sources for Understanding the New Copyright Law . . . 1 ACRL Materials............................ 3 News from the Field . . . . 4 I n d e x ..........................................14a People 21 Classified Advertising . . . . 25 ISSN 0099-0086 COLLEGE & RESEARCH LIBRA n R e I w ES NO. 1 • JANUARY 1977 s Primary Sources for Understanding the New Copyright Law By Hardy Carroll Assistant Professor, School of Librarianship Western Michigan University, Kalamazoo The new Copyright Law (P.L. 94-553), which is the first overall revision of U.S. copy­ right law since 1909, was signed by President Ford on October 19, 1976. It will be complete­ ly in force starting January 1, 1978. Conse­ quently, many librarians will be studying the new law this year to determine what changes in their present practices will be necessary to comply with it. Librarians will probably be confronted with many interpretations of the new law this year, but all interpretations, if proper, are based mainly on four primary documents which are available to all citizens at no cost, as long as the supply lasts, from their U.S. senators or rep­ resentatives. These primary sources, listed from the most recent to the oldest, are: 1. The new Copyright Law (P.L. 94-553). The text may be obtained as a slip law or as the final version of S.22 printed in the front of the “Conference Report” listed below. 2. The “Conference Report” (H.R. 94-1733) to accompany S.22. The report is dated September 29, 1976. 3. The “House Judiciary Committee Report” (H.R. 94-1476) to accompany S.22. The report is dated September 3, 1976. Cor­ rections to this report are in the Congres­ sional Record, September 21, 1976, P.H10727-28. 4. The “Senate Judiciary Committee Report” (S.R. 94-473) to accompany S.22. The report is dated November 20, 1975. The law itself, P.L. 94-553, is the most im­ portant of these texts, but the reports are of special significance for the interpretation and legislative history of the law. Of the three com­ mittee reports, the “Conference Report” is the last and most authoritative. For example, it in­ cludes on pages 72-73 the guidelines for inter- library photocopying developed by the National Commission on New Technological Uses of Copyrighted Works (the CONTU Guidelines),1 which largely supersede the examples of “sys­ tematic copying” given in the “Senate Judiciary Committee Report” on pages 70-71. In reading these documents, the definitions at the beginning of each (Section 101 of the law) are basic. For example, “audiovisual works” do not include works that are only audio —the latter works are called “sound recordings” — whether the sounds are stored on phono­ graph records or on magnetic tape. For considerations on the legality of photo­ copying copyrighted materials, the most impor­ tant parts of the law are Sections 107 through 109. Section 107 is on “fair use.” The new law is the first U.S. copyright law to have a provi­ sion for fair use of copyrighted works. Section 108 deals with the reproduction by libraries and archives that is allowed under the law in addition to fair use or inclusive of fair use. 1 These are reprinted in American Libraries 7:610 (Nov. 1976). News issue ( A ) o f College & Research Libraries, vol. 38, no. 1 2 A significant new provision is Section 108 ( f ) ( 1 ) : Nothing in this section . . . shall be construed to impose liability for copyright infringement upon a library or archives or its employees for the un­ supervised use of reproducing equipment locat­ ed on its premises: Provided, That such equip­ ment displays a notice that the making of a copy may be subject to the copyright law. For librarians who deal mainly with print and near-print materials, other interesting parts of the new law are: Sections 102-105— The subject matter of copyright Sections 302-305—Duration of copyright (The term of copyright has been changed to the life of the author plus fifty years.) Section 501—Infringement of copyright Sections 502-505—Remedies for infringe­ ment Section 602—Infringing importation of copies or phonorecords ( Photocopies of U.S. copyrighted items received from abroad, such as from the British Library Lending Division, are subject to the CONTU Guidelines.) It will take some time-—and much close study—before U.S. librarians and lawyers can determine what the new copyright law will mean to American library practices. But these four primary sources are the most authoritative places to begin. ■■ A special issue of the A LA Washing­ ton Newsletter, November 15, 1976, pre­ sents a librarian’s guide to the new copyright law and reproduces a sub­ stantial section from this new legislation, as well as from the various reports of congressional committees. Fulbright-Hays Exchange Program The Council for International Exchange of Scholars is now seeking candidates for a library science assignment at Cairo University under the 1977-78 senior Ful­ bright-Hays Exchange Program. Grantee will be asked to teach such courses as cataloging, reference, and library auto­ mation, as well as to advise on develop­ ment of a curriculum for a Faculty of Information Science. In order to be con­ sidered, candidates must have U.S. citi­ zenship, Ph.D. in library science, several years of teaching experience at the uni­ versity level, and rank of assistant pro­ fessor or above. Deadline—February 15. Application forms available from: Linda Rhodes, Senior Program Officer, Council for International Exchange of Scholars, 11 DuPont Circle, Washington, D.C. 20036. (Telephone: 202-833-4950). News items fo r inclusion in C&RL News should be sent to John V. Crowley, Assistant Director of Libraries, Milne Library, State University College, Oneonta, NY 13820. Advertising (including classi­ fied ads) should be sent to Leona Swiech, A d ­ vertising Office, American Library Association, 50 E. Huron St., Chicago, IL 60611. Production and circulation matters are handled by A LA Central Production Unit, a t the above address. News editor: John V. Crowley, Assistant Director of Libraries, Milne Library, State University C ol­ lege, Oneonta, NY 13820. Editor: Richard D. John­ son, Milne Library, State University College, Oneonta, New York 13820. President, ACRL: Connie R. Dunlap. Executive Secretary, ACRL: to be announced. College & Research Libraries is published by the Association o f College and Research Libraries, a division o f the American Library Association, 17 times yearly—6 bimonthly journal issues and II monthly (com bining July-August) News issues—at 1201-05 Bluff St., Fulton, MO 65251. Subscription, $15.00 a year, or to members o f the division, $7.50, included in dues. Second-class postage paid a t Fulton, Missouri 65251. .© American Library Association 1977. A ll material in this journal subject to copyright by the Am eri­ can Library Association may be photocopied fo r the noncommercial purpose of scientific or educa­ tional advancement.