Photocopying, copyright, and the librarian

Prior to the advent of microfilm, copyright was of little concern to American librarians. They viewed it, according to Verner Clapp, as a “vague but commendable doctrine, intended for the encouragement of authors and the discouragement of plagiarism. Its connection with copying performed on library premises was remote.” (1, p. 11) Indeed, copying on library premises has been common practice since the beginning of library history. As Clapp points out, libraries (as opposed to archives) exist for the very purpose of copying, since the use of books (as contrasted with their mere storage) involves making some kind of copy, either mental or mechanical. (1, p. 1) Although copyright laws have existed for centuries, the question of copyright was never considered relevant to the kind of pencil‐and‐paper copying traditionally performed in libraries. This situation began to change with the development of inexpensive photographic copying methods in the 1920's and 1930's. Since that time, technological advances have made it possible for libraries to use mass‐production methods of copying, with the result that copyright and library photocopying now present serious ethical, if not yet legal, problems for librarians. This paper will attempt to explore the subject of copyright as it relates to photocopying in libraries.