Verification of licensing rights and copyright for cataloged materials

As part of its Plan of Service, the Westchester Library System (the “System”) provides cataloging services to member libraries (“Cataloging Services”).

Cataloging Services are arranged by member libraries submitting (either directly from the vendor or from the member library) member library materials to be added to the member library’s collection and the System’s ILS.

During Cataloging Services, the discernable provenance or express licenses of some items may raise the concern of potential copyright infringement. Concerns of this nature can be created by any type of item but in particular may arise when digital materials are governed by a license that does not extend to library use.

At the same time, the System is aware that Sections 107, 108 and 110 of the Copyright Act may privilege the creation of what could appear to be unauthorized or unlicensed copies of a copyright-protected work, and such protections must be actively advanced, promoted, and used by library organizations.

To promote the active awareness and use of such important exceptions while guarding against a legitimate claim of infringement, when the System observes a member library item to be cataloged that raises a possible copyright concern, the item will be returned to the member library with a copy of this policy and a request to review the item and confirm it meets one of the following exceptions::

Copyright Act Section 107 (Fair Use)
Copyright Act Section 108 (Library and Archives Copies)
Copyright Act Section 110 (Various exceptions)
Americans with Disabilities Act (Adaptive Copies)

If assurance is received, the System will not challenge the assertion of the member library but will proceed in good faith to catalog the item and add it to the ILS. The member library is encouraged to retain records related to the justification.

A copy of a notice letter is provided below and here.

[DATE]

RE: Cataloging Concern

Dear [Member Library],

While cataloging your library’s copy of [Work in Question], a question arose under the accompanying policy.

Specifically, the concern is due to [INSERT VERY BRIEF DESCRIPTION].

Please review the circumstances under which the copy was generated or acquired and assure the System that the concern is addressed by either:

Copyright Act 107 (Fair Use)

Copyright Act 108 (Library and Archives Copies)

Copyright Act 110 (Various exceptions)

  Americans With Disabilities Act (Adaptive Copy)

Material is licensed for use by the Library and System under the ________ license

Material is not under copyright protection

Your library may provide this assurance simply by checking the applicable box. The justification for your assurance does not need to be provided, although we encourage you to maintain a copy in your internal records.

Thank you for your consideration. As a matter of policy, the System encourages the use of Copyright Act Sections 107, 108, 110, and the ADA for the making of copies as authorized by law, and more information on those important protections can be found at:

Copyright Act Section 107 (Fair Use)
Copyright Act Section 108 (Library and Archives Copies)
Copyright Act Section 110 (Various exceptions)
Americans with Disabilities Act (Adaptive Copies)

Sincerely,

[Name]

Westchester Library System