skip
navigation
| TITLE 17 > CHAPTER 1 > § 108 | Prev | Next |
|
§ 108. Limitations on exclusive rights: Reproduction by libraries and archives | |
| How Current is This? | |
|
(a) Except as otherwise provided in this title and
notwithstanding the provisions of section 106,
it is not an infringement of copyright for a library or archives, or any
of its employees acting within the scope of their employment, to reproduce
no more than one copy or phonorecord of a work, except as provided in
subsections (b) and (c), or to distribute such copy or phonorecord, under
the conditions specified by this section, if—
(1)
the reproduction or distribution is made without any
purpose of direct or indirect commercial advantage;
(3)
the reproduction or distribution of the work includes
a notice of copyright that appears on the copy or phonorecord that is
reproduced under the provisions of this section, or includes a legend
stating that the work may be protected by copyright if no such notice can
be found on the copy or phonorecord that is reproduced under the
provisions of this section.
(b) The rights of reproduction and distribution under this
section apply to three copies or phonorecords of an unpublished work
duplicated solely for purposes of preservation and security or for deposit
for research use in another library or archives of the type described by
clause (2) of subsection (a), if—
(c) The right of reproduction under this section applies to
three copies or phonorecords of a published work duplicated solely for the
purpose of replacement of a copy or phonorecord that is damaged,
deteriorating, lost, or stolen, or if the existing format in which the
work is stored has become obsolete, if—
(1)
the library or archives has, after a reasonable
effort, determined that an unused replacement cannot be obtained at a fair
price; and
(2)
any such copy or phonorecord that is reproduced in
digital format is not made available to the public in that format outside
the premises of the library or archives in lawful possession of such copy.
For purposes of this subsection, a format shall be
considered obsolete if the machine or device necessary to render
perceptible a work stored in that format is no longer manufactured or is
no longer reasonably available in the commercial marketplace. (d) The rights of reproduction and distribution under this
section apply to a copy, made from the collection of a library or archives
where the user makes his or her request or from that of another library or
archives, of no more than one article or other contribution to a
copyrighted collection or periodical issue, or to a copy or phonorecord of
a small part of any other copyrighted work, if—
(e) The rights of reproduction and distribution under this
section apply to the entire work, or to a substantial part of it, made
from the collection of a library or archives where the user makes his or
her request or from that of another library or archives, if the library or
archives has first determined, on the basis of a reasonable investigation,
that a copy or phonorecord of the copyrighted work cannot be obtained at a
fair price, if—
(f) Nothing in this section—
(1)
shall be construed to impose liability for copyright
infringement upon a library or archives or its employees for the
unsupervised use of reproducing equipment located on its premises:
Provided, That such equipment displays a notice that the making of a copy
may be subject to the copyright law;
(2)
excuses a person who uses such reproducing equipment
or who requests a copy or phonorecord under subsection (d) from liability
for copyright infringement for any such act, or for any later use of such
copy or phonorecord, if it exceeds fair use as provided by section 107;
(3)
shall be construed to limit the reproduction and
distribution by lending of a limited number of copies and excerpts by a
library or archives of an audiovisual news program, subject to clauses
(1), (2), and (3) of subsection (a); or
(4)
in any way affects the right of fair use as provided
by section 107,
or any contractual obligations assumed at any time by the library or
archives when it obtained a copy or phonorecord of a work in its
collections.
(g) The rights of reproduction and distribution under this
section extend to the isolated and unrelated reproduction or distribution
of a single copy or phonorecord of the same material on separate
occasions, but do not extend to cases where the library or archives, or
its employee—
(1)
is aware or has substantial reason to believe that it
is engaging in the related or concerted reproduction or distribution of
multiple copies or phonorecords of the same material, whether made on one
occasion or over a period of time, and whether intended for aggregate use
by one or more individuals or for separate use by the individual members
of a group; or
(2)
engages in the systematic reproduction or distribution
of single or multiple copies or phonorecords of material described in
subsection (d): Provided, That nothing in this clause prevents a library
or archives from participating in interlibrary arrangements that do not
have, as their purpose or effect, that the library or archives receiving
such copies or phonorecords for distribution does so in such aggregate
quantities as to substitute for a subscription to or purchase of such
work.
(h)
(1)
For purposes of this section, during the last 20 years
of any term of copyright of a published work, a library or archives,
including a nonprofit educational institution that functions as such, may
reproduce, distribute, display, or perform in facsimile or digital form a
copy or phonorecord of such work, or portions thereof, for purposes of
preservation, scholarship, or research, if such library or archives has
first determined, on the basis of a reasonable investigation, that none of
the conditions set forth in subparagraphs (A), (B), and (C) of paragraph
(2) apply.
(i) The rights of reproduction and distribution under this
section do not apply to a musical work, a pictorial, graphic or sculptural
work, or a motion picture or other audiovisual work other than an
audiovisual work dealing with news, except that no such limitation shall
apply with respect to rights granted by subsections (b) and (c), or with
respect to pictorial or graphic works published as illustrations,
diagrams, or similar adjuncts to works of which copies are reproduced or
distributed in accordance with subsections (d) and (e).
|
Search this title: Notes Updates Parallel authorities (CFR) Your comments |
| Prev | Next |
LII has no control over and does not endorse any
external Internet site that contains links to or references LII.