If you're a librarian wrestling with a copyright question,
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These are actual questions posed to the CFRNH members. They are here as examples of how we work through a fair use (§ 107) or library exceptions (§ 108) analysis.
Answered by Melinda Dolan, Class of 1945 Library, Phillips Exeter Academy
While the Class of 1945 Library is a private high school library, we allow outside researchers to use our collections so we fulfill the requirement of libraries and archives pursuant to Sections 108(d) and 108(e) of the U.S. Copyright Act that allows us to make a copy of a work as long as the copy is not used for commercial purposes. When a patron requests a copy from a Phillips Exeter Academy yearbook, since the pictures are similar to the photographs included in an article and not considered artistic pictures, we will make a copy and include a statement that the work may be protected by copyright law. We also include a prominent notice of copyright on a separate, more prominent page. If the copy is requested from a yearbook prior to 1978, we allow multiple sections of the yearbook to be copied but if the yearbook in question is newer than 1978 we will only copy 1 page for the patron's private use.
The analysis above is specific to a private high school library. Use the checklist below to do a § 108 analysis for your library.
More resources on copyright and yearbooks.