Jill,
In terms of copyright law, there is no difference whatsoever between
photocopying and photographing. Either way it is still a copy under
copyright law, and either way the fair use exception (17 U.S.C. section
107), library exception (17 U.S.C. section 108), and educational
exception (17 U.S.C. section 110) still work the same way. If the patron
is making a copy for their own private scholarly or research use, the
library is protected from liability under section 108. The mode of
copying really doesn't matter.
--Bryan
Bryan M. Carson, J.D., M.I.L.S.
Ed.D. Student
Higher Ed. Leadership & Policy, Vanderbilt University/Peabody College
Associate Professor/Coordinator of Reference & Instructional Services
Western Kentucky University Libraries
Author, "The Law of Libraries and Archives" (Scarecrow Press)
Phone: 270-745-5007 (Office), 270-991-7144 (cell)
Fax: 270-745-2275
bryan.m.carson@vanderbilt.edu - bryan.carson@wku.edu
All original content copyright 2007 Bryan M. Carson
Jill Henderson wrote:
> These are the replies that I received on my question on whether I should
> allow a patron to take pictures, instead of photocopying, legal material.
>
> Thank you for your thoughts/replies. I think the jury is still out on
> settling this question, but I can see that this practice may become
> more prevalent in the future as cell phones with camera capabilities or
> other devices become more adept at making a picture perfect
> reproduction. I guess in spy movies, they already are.
>
> Jill Henderson
> Taylor County Law Library
> Abilene, Texas
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