Limitations on the Rights of Owners - Library Copying

Section 108 of the Copyright Act defines exemptions that allow libraries and archives to make and distribute copies of copyrighted works. In order for a library or an archive to use any of these exemptions, it has to meet three conditions:

The copies are not made for direct or indirect commercial advantage

• The library or archives is open to the public or to researchers
• The copies include a notice of copyright or a copyright legend

Once these conditions are met, the law defines the conditions under which staff in libraries and archives may make copies in the course of their jobs as well as conditions under which they make copies at the request of users.

Reproductions Made by Staff during the Course of Their Work

 Unpublished Works:

Library or archival staff may make up to three copies of unpublished works for preservation or security reasons, or for depositing a copy at another institution for research. The following conditions must be met:

• The library or archive already has a copy of the work to be preserved in its collections, and
• If the preservation copies are digital, the digital copies must remain on the premises of the library or archives.

Published Works:

Library or archival staff can make up to three copies of published works to replace copies that are damaged, deteriorating, or stolen. Similarly, they can make copies of works in obsolete formats (i.e. those for which playback equipment is not readily available in the market). The following conditions must be met:

• The library or archives has tried to locate a replacement copy and after making a reasonable effort, has determined that an unused copy is not available at a fair price, and
• If the replacement copies are digital, the digital copies must remain on the premises of the library.

During the last twenty years of copyright protection, library staff can also make copies of published works, provided that:

• The reproduction is made for the purposes of preservation, scholarship, or research
• The library has determined (after making a reasonable investigation) that:
• The work is not being sold in the marketplace
• A copy cannot be obtained for a fair price, or
• The copyright owner has notified the Register of Copyrights that he is no longer marketing the work, and a copy is not available at a fair price, and
• If the copies are digital, the digital copies must remain on the premises of the library.

Reproductions Made by Staff at the Request of Users

Libraries and archives may make copies of materials in their collections at the request of users. In addition to the general conditions outlined at the beginning of this section, the library must post a copyright warning at the place where orders for copies are taken and meet the following conditions:

• Only one article from a journal issue or one contribution from another copyrighted collection or a small part of any other copyrighted work is used
• Entire works may be copied if the library determines that a copy is not available at a fair price
• The copy becomes the property of the user
• The library has no reason to believe that the copy will be used for anything other than research, scholarship, or private study

The exemption limits the formats that can be copied for users. Musical works, pictorial, graphic, or sculptural works, and motion pictures and other audiovisual works cannot be copied for users.