How can our library reduce its potential liability for copyright infringement?
In order to minimize liability exposure, the library should stay well within the copyright guidelines. Have clear policies on what will and will not be ordered on interlibrary loan, placed on reserve, and photocopied on demand. In the event of a questionable activity, seek legal counsel or conduct a brief survey of how other libraries would handle the request. If a library goes ahead with an activity, be sure that the rationale for proceeding is clearly documented. Provide evidence of a good faith belief that the activity was within the guidelines. As with any legal matter, thorough and substantive documentation is the key. If the use of an item seems to fall outside of fair use, take the time to get the necessary permissions or utilize the Copyright Clearing Center (CCC).
