Have you ever wondered how libraries can legally operate? Before the 1970s, libraries in the United States were allowed to preserve, replace, and lend material due to copyright being protected in the constitution. It was only in 1976 that 17 US Code 108 explicitly defined the right of libraries and archives to engage in active lending, preserving, replacing, and researching bought materials in addition to sharing them with other institutions and patrons. 17 US Code 108 was part of a larger legislation that became known as the Copyright Act of 1976 and although it greatly advanced and solidified copyright in the United States, it also was lacking in addressing the evolution of technology.
While libraries are relatively free to share physical material, digital resources such as databases, e-books, e-journals, streaming, etc. require licenses that dictate the usage of the material.
In the copyright world contracts are commonly referred to as licenses and they are contracts between a publisher or vendor. Even though copyright is a constitutional right, if an individual willingly signs a contract that redefines how their intellectual property can be used or who can use it that contract overrides the rights of the original owner. This is why the language used in the contract - like with any other legal form - is very important because the language of the contract controls the use of the materials.
It’s a myth that if something is online, it is free to use. Most of the digital material online has a license connected to it and you can be sued for non-compliance. In the next module, you will learn about Fair Use and how it allows the use of material for educational purposes, however, even that has limits.
Being aware and cautious of licenses is good practice and allows creative parties to have the recognition they deserve. If a license is willfully ignored by a user, legal action can be taken by the rights holder in addition to losing access to the material due to breach of trust.