I VVJrj? * UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
\, ,^» 1
Grants, Contracts, & General Administration
Division CA-134)
TO: Sarah M. Kadec
Library Systems Branch CPM-213)
I have received several inquiries regarding the new copyright
law and its impact on EPA activities. The major concern has been
with regard to activities by our various libraries. This concern
apparently arises because of the conditions set down in Section 108
of the Act.
Section 108 permits limited copying by libraries if they meet
certain conditions. One condition is that the library be open to the
public or researchers other than just those employed by the organiza-
tion with which the library is associated. Based on information I
have, it is my opinion that essentially all EPA libraries meet these
requirements.
Another requirement is that each library prominently display a
warning notice prescribed by Copyright Office regulations at the point
where it accepts orders for copies, and also includes said notice on
its order form. Copies of the notice, in sign form, have been dis-
tributed by the EPA printing activity to each regional office and
laboratory and you should make sure that each library displays a copy
of the notice.
Appropriate order blanks (copy enclosed) should become available
in January, and will be promptly distributed when ready. I recommend
that in the interim each library be advised that normally it should
make no more than a single copy in response to either an oral or written
request, and that it keep a record of the item requested, and the re-
quester. Such records need not be kept once the forms are available.
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I emphasize that, except fQr library activities, the new law does
not greatly alter any right to copy that existed under the old law.
Whatever has constjtuted “fair use” under case law is still ‘very likely
to be considered fair use under the new law. As a matter of fact,
Section 107 of the new Act recognizes “fair use” and provides some
broad guidelines.
In essence, this section indicates that fair use, including such use
as copying fo scholarship, research or multiple copies for classroom use
is not an infringement of copyright. The section then presents four
broadly stated factors to consider in determining if the use is indeed
fair use.
It is well recognized that fair use does not lend itself to precise
definition. However, various non—government groups have been, and are
continuing to formulate guidelines regarding copying. Also, there is
an ongoing effort to formulate a government—wide policy regarding govern-
ment copying.
At present there are some guidelines for library use that have been
formulated by certain private organizations. These guidelines are pre-
sented in Copyright Office Circular R—21. Copies of the ciTcular will
be obtained by the EPA headquarters library and distributed to each
EPA library by Mrs. Kadec, Library Systems Branch. In the meantime, an
outline statement of library guidelines is enclosed; copies of this will
also be distributed by Nrs. Kadec.
With regard to copying at unattended, non—library copying machines,
and at attended non—library machines, the following notice shou].d he
placed adjacent each such machine.
“The U.S. Copyright Law (Title 17 U.S. Code) governs the
making of photocopies of copyrighted material. The person
using this equipment may be liable for any infringement.
Ordinarily, making of a single copy of a portion of such
material for research or related purposes is ordinarily
permissible. Any questions by EPA employees regarding reproduction
of copyrighted material should be directed to legal counsel.”
In addition to posting the above notice at non-library copying
machines, each such machine should be provided with a stamp with
the following notice, which should be stamped on photocopies of
copyrighted material in order to put subsequent users of the material
on notice
NOTICE: This Material May Be Protected by Copyright
Law (Title 17 U.S. Code)
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Liability For Copyright Infri emen C
Please advise library and other concerned EPA personue]. that
pursuant to 28 U.S.C. Section 1498(b) (copy enclosed), the
Government, not its employee , is the one liable for iny copyright
infringement that is the result of copying for government purposes.
Senate Report No. 1877 of August 22, 1960, reproduced in 1960
U.S. Code Cong. and Admin. news, page 3344 (copy enclosed) makes it
amply clear that a major purpose of the legislation resulting in 28
U.S.C. Section 1498(b) was to protect the Government employee from
personal liability for copyright infringement that occurs when the
employee is acting in the scope of his authority.
If there are any questions regarding whether any particular copying
situ.ation is within the law and/or EPA policy, please direct such questions
to me. I ask that I be contacted, since I am coordinating this subject
within EPA, and with my counterparts in other agencies,, so as to evolve
a consistent policy regarding copyright matters.
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