Operating Clearly in the Gray: Copyright, Policy, and Terms of Service in Access Services

Abstract

Libraries have historically been repositories for materials protected by copyright. Libraries provide access to these materials through library services such as interlibrary loan, document delivery, and eReserve. Various copyright guidelines and common practices are followed by libraries of all types and sizes. However, copyright law is vague and there is not always a clear understanding of a library's role in enforcing copyright. Libraries operate in gray areas between copyright law and the enforcement of library policy, but should libraries be the copyright police? It is common to confuse library policies or terms of service with copyright considerations as these lines are often blurry and unclear. Library terms of service need to be straightforward for staff who apply these policies on a day-to-day basis. This session will explore differences between copyright issues and terms of service, providing guidance on how to develop and implement clear policies that address copyright.