The Campus Guide to Copyright Compliance

Introduction

What is Copyright Law?

Fair Use

DMCA

TEACH Act

in Coursepacks

in Course Management Systems

for Inter Library Loan

Using Content: ILL

Fee Based Services vs. Non Fee Based Services

The following chart provides an overview of the differences between library services (as defined by section 108 of the Copyright Act) and for-profit information services, and offers guidance as to when copyright permission and royalty payments are, and are not, required.

FEE BASED SERVICES VS. NON FEE BASED SERVICES
Copy Provider	End User	Permission Required?
Not-for-profit library complying with Section 108 of the Copyright Act.	Within the institution of which the library is a part.	No.
	Within a consortium of not-for-profit libraries all complying with Section 108.	No, if within CONTU guidelines. Yes, if in excess of CONTU guidelines (and royalty fee may be required).
	Another not-for-profit library complying with Section 108.	No, if within CONTU guidelines. Yes, if in excess of CONTU guidelines (and royalty fee may be required).
	Unaffiliated individual user and no money collected for any reason in connection with the transaction.	No.
	Unaffiliated individual user and money IS collected for any reason in connection with the transaction.	Yes (and royalty fee may be required).
	All other users (particularly including business entities and their employees).	Yes (and royalty fee may be required).
For-profit entity (such as document delivery service, bookstore or copyshop) or any other entity (that is not a Section 108 library).	Any person or entity. Any purpose.	Yes (and royalty fee may be required).