Copyright: An Interpretation of the Code of Ethics

Article IV of the ALA’s Code of Ethics states that library workers “respect intellectual property rights and advocate balance between the interests of information users and rights holders.” In libraries, copyright¹ is the most important part of intellectual-property law. U.S. copyright law, as established by the U.S. Constitution² and the Copyright Act, grants creators rights over their work, but also puts limitations on those rights.

Copyright law was established to encourage people to share their created works by giving them specific exclusive rights such as reproduction, distribution, and public performance.³ There are limits to those rights, like fair use or the length of copyright term. These limitations are necessary to protect creators’ rights while also preserving freedom of information and freedom of expression.

Copyright and libraries both aim to benefit the public by creating and sharing information and creative works. Copyright law should balance the public’s access to these works with the economic interests of rights holders. Libraries represent the very best of this balance in U.S. copyright law. Libraries are the economic engine of both copyright law and information sharing by spending billions of dollars on copyrighted materials, such as books, journals, movies, art, music, etc. Libraries serve the “use and access” purpose of copyright when users borrow billions of copyrighted items each year.

Libraries have both the opportunity and the duty to maintain this balance. They do this by:

• acquiring information resources;
• curating and preserving cultural heritage;
• offering services and programs that improve access to information; and
• lending books or other resources.

Copyright law gives rights holders the exclusive legal right to:

• make copies of the work;
• create derivative works;
• distribute the work to the public; and
• perform or display the work in public.

Copyright law also gives the public the right to make fair use⁴ of copyrighted works. There are also restrictions to the exclusive rights of copyright holders. For example, the First Sale Doctrine allows the public to borrow, loan, sell, or transfer a purchased, particular copy of a work. The public has unlimited use of the work when the copyright term expires.⁵

Copyright law provides a specific exception for libraries, archives, and nonprofit educational institutions.⁶ This exception may allow institutions to:

• make limited copies for users;
• preserve and make replacement copies;
• create copies for accessibility purposes; and
• perform or display works for educational purposes.

This exception sets boundaries to ensure that libraries can carry out their mission while following copyright law.

Libraries and their parent institutions have a responsibility to promote and maintain policies and procedures that align with their ethical duties, missions, and the law. This includes copyright law. These policies and procedures should carefully weigh legal risks and respect the rights of both copyright holders and users of those copyrighted works. Libraries also need to ensure that all staff know about the copyright laws that impact their library’s services.

Library workers serve a critical role in providing copyright information to their communities. They must be informed about copyright updates and understand the law, its purpose, and its relevance to library activities. This includes understanding and analyzing various copyright scenarios, such as fair use and other limitations, with good judgment and strategies to reduce risk.

Library workers should use these skills to identify their rights and the rights of their users. They should do outreach about copyright topics and refer users with questions to reliable resources. However, library workers should avoid providing legal advice. They may provide information about the law and copyright but should recommend users consult an attorney for legal advice.

Library workers should be able to explain to users any restrictions on how they can use content based on digital-licensing agreements that may exceed those covered by copyright law. This includes digital content like e-books, databases and streaming services.

Libraries have a proud history of advocating for the public interest. They recognize that copyright law must balance the rights of creators with the needs of the public. If there is an unfair balance between the rights holders and the public’s access to information, library workers should speak up. They should engage with rights holders and legislators to advocate for laws and practices that protect users’ right to access information and ensure broad public access to information.

1. Copyright protects “original works of authorship fixed in any tangible medium of expression.” Copyright Act of 1976, 17 U.S.C. § 102 (2011).

2. Article 1, Section 8 of the U.S. Constitution empowers Congress to pass laws “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

3. The exclusive rights of a copyright owner include reproduction, the creation of derivative works, distribution, public performance, public display, and the public performance of sound recordings by means of digital audio transmission (Copyright Act of 1976, 17 U.S.C. § 106).

4. Fair use applies when considering these four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality used, and potential effects on the market for the work (Copyright Act of 1976, 17 U.S.C. § 107).

5. Copyright Act of 1976, 17 U.S.C. § 109.

6. Copyright Act of 1976, 17 U.S.C. § 108.3

Adopted by ALA Council on July 1, 2014; amended January 29, 2019; and June 29, 2025.