Equipment issues are discussed in greater detail in Chapter Five, but for now we’ll just point out that a library isn’t liable for infringing activities that take place on unsupervised photocopying equipment if the equipment has the following warning label.[1]
Warning: The Making of a Copy May Be
Subject to the United Stated Copyright
Law (Title 17 United States Code)
It may be prudent to include a similar label on audio listening and video viewing equipment that the library makes available to patrons, such as
Warning: The Making of a Copy and Public
Distribution, Performances or Displays May
Be Subject to the United States Copyright Law
(Title 17 United States Code)
The Bottom Line: A library should give its staff guidance on what they may or may not do. Create a written policy, make sure that the staff is aware of it, and enforce it. Put a warning label on equipment. Do not provide assistance that facilitates copyright infringement.
Statute of Limitations (Section 507)
3.3 Statute of Limitations
- Three years for civil actions
- Five years for criminal actions
The Copyright Act includes a statute of limitations for both civil and criminal actions. In a civil action, a plaintiff must file suit within three years after the claim has accrued, while in criminal cases, the government must start a criminal proceeding within five years.[2]
That sounds pretty simple at first, but things get more complicated when you need to determine when the clock starts running. In some cases, the infringement is not a single act, but takes place over a period of time.
