How much is digitization center a co-infringer if library uses their equipment to digitize and doesn’t have permission?
Refer to section 108 (supervised vs. unsupervised use of equipment). If the regional center staff are aware of every piece being digitized, could be considered a co-infringer. Make people aware of copyright; make all efforts to comply. Good faith efforts to try not to infringe will be looked at as a good thing by the courts. Do best to educate them about copyright and ask them to confirm permission has been granted.