Library copying

• Author: Robert A. Gorman
• Profession: University of Virginia School of Law
• Pages: 88

Section 108 gives to certain libraries the right, despite section 106(1), tmake single copies and phonorecords of copyrighted works, subject tcertain conditions. Most significantly, the library must be open to thpublic or to specialized researchers and the copying must not be focommercial advantage. The reproduction must serve one of these purposes: preservation and security of an unpublished work; replacement oa copy or record that is damaged, deteriorating, lost or stolen (when aunused replacement is unavailable on the market); furnishing a singlperiodical article or a "small part" of a larger work to a person using ifor private study, scholarship or research; furnishing to a person for sucprivate use a copy or record of an "entire work, or... a substantial parof it" if the work is not available at a fair price.

The library's privileges under section 108 are lost if it "is aware or hasubstantial reason to believe that it is engaging in the related or concerted reproduction or distribution of multiple copies or phonorecords othe same...