It is the policy of the Special Libraries Association to endorse the rights of special librarians to photocopy research materials under the "fair use" principle as contained in the revision of the copyright law.
The function of this document is to affirm the 1964 action in support of "fair use" taken by the Board of Directors.
Through its Special Committee on Copyright Law Revision, the Special Libraries Association has been engaged in the ten-year legislative revision effort that is now before Congress. To special libraries, the rights to photocopy research materials under a "fair use" principle has been central to the SLA concern with the revision of the copyright law. Based on a recommendation from its Special Committee, the SLA Board of Directors in 1964 reaffirmed the principle of "fair use" as follows:
"A library owning books or periodical volumes in which copyright still subsists may make and deliver a single photographic reproduction of a part thereof to a scholar representing in writing that he/she desires such reproduction in lieu of a loan of such publication or in place of manual transcription and solely for the purpose of research."
In view of the recent Williams & Wilkins report, it is now deemed desirable that the Association take a position on the photocopying issue for the guidance of the Association's members. Whether adopted or rejected by the U.S. Court of Claims, the Williams & Wilkins report implies that libraries will be responsible for reimbursing publishers through a subscription surcharge, a per page licensing fee or a similar royalty arrangement. In creased costs to all special libraries will plainly result. Depending on the basis of reimbursement, any of these schemes will encumber the administration of special libraries and will burden their staff everywhere with unnecessary tasks, thus detracting from important functions. Moreover, an inevitable consequence of the opinion, should it stand, would be the inhibition of the business, education and scientific research communities who are the principal users of special libraries.
Pending final judicial action, the Association advises its members to continue copying practices followed heretofore. In the event that individual libraries are approached by publishers desiring to negotiate licensing agreements, royalty payments or subscription surcharge agreements, such requests should be referred to the legal counsel of their company or library, with advice to SLA's Washington, DC office of such actions.
It is the responsibility of the Chair of the Copyright Committee and Director, Government Relations to monitor and advise on this policy.
Approved: June 1990
Supersedes: June 9, 1972
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