Section 108 for Works in their Last 20 Years
Section 108 for the Reproduction of Portions of Works for Users
Section 108 for the Reproduction of Entire Works for Users
Information on Institutional Use of this Tool
This Flash-based tool was created by Michael Brewer and the Office for Information Technology Policy. It provides information on determining whether or not a particular reproduction or other use of a copyrighted work is covered by Section 108 of the U.S. Copyright Code, the Library & Archives exemption. While the interactivity of this tool is not available to those using screen readers, such as JAWS, the following text provides all the information provided by this tool. For the fulltext of Section 108 of the U.S. Copyright Code, go to: http://www.copyright.gov/title17/92chap1.html#108. Please provide any feedback or address any questions on this tool to Michael Brewer, or to Carrie Russell at the Office for Information Technology Policy.
Section 108 of the U.S. Copyright Code allows libraries or archives, under certain circumstances, to make reproductions of copyrighted materials without the permission of the copyright holder.
For preservation, scholarship or research, libraries or archives may reproduce, distribute, display, or perform published works in their last 20 years of copyright protection if the work is not subject to commercial exploitation and cannot be obtained at a fair price (see notes)
Should the copyright owner fulfill either of these conditions, this exemption is no longer valid.
"Fair price" is not defined in the law.
The cop[ies] are not made for direct or indirect commercial advantage
A copyright notice is included on the cop[ies]
The library or archives is open to the public or to unaffiliated specialized researchers
If your intended reproduction is not covered by Section 108, it could still be covered by fair use [Section 107]. Visit the Copyright Advisory Network at http://www.librarycopyright.net or consult your local copyright specialist for more information.
Libraries or archives may make up to 3 copies of unpublished works for preservation or security purposes, if:
The library or archives already has a copy of the work to be preserved in their collections.
If your intended reproduction is not covered by Section 108, it could still be covered by fair use [Section 107]. Visit the Copyright Advisory Network at http://www.librarycopyright.net or consult your local copyright specialist for more information.
Libraries or archives may make up to 3 copies of damaged, deteriorating, lost, or stolen works, or works in obsolete formats* if:
An unused replacement copy cannot be obtained at a fair price.**
*A format is considered obsolete if the device necessary to render it perceptible is no longer manufactured or is no longer reasonably available in the marketplace.
**"Fair price" is not defined in the law.
If your intended reproduction is not covered by Section 108, it could still be covered by fair use [Section 107]. Visit the Copyright Advisory Network at http://www.librarycopyright.net or consult your local copyright specialist for more information.
Libraries or archives may make a reproduction from a periodical, collection or other work* in their collections when a person or library requests, if:
Only one article or other contribution to a work is copied.**
*This section does not apply to musical, pictorial, graphic or audio-visual works.
**Pictorial or graphic works published as illustrations, diagrams, etc.or similar adjuncts to these works are allowed as are audiovisual works dealing with news.
Other Information:
If your intended reproduction is not covered by Section 108, it could still be covered by fair use [Section 107]. Visit the Copyright Advisory Network at http://www.librarycopyright.net or consult your local copyright specialist for more information.
Libraries or archives may make one copy of an entire work* when a person or library requests, if:
A [new or used] copy of the work is not available for purchase at a fair price.**
*This section does not apply to musical, pictorial, graphic or audio-visual works. Pictorial or graphic works published as illustrations, diagrams or similar adjuncts to print works are allowed as are audiovisual works dealing with news.
**"Fair price" is not defined in the law.
If your intended reproduction is not covered by Section 108, it could still be covered by fair use [Section 107]. Visit the Copyright Advisory Network at http://www.librarycopyright.net or consult your local copyright specialist for more information.
This tool is licensed under a Creative Commons Common Attribution-Noncommercial-ShareAlike license - http://creativecommons.org/licenses/by-nc-sa/3.0/ You are free to copy, distribute and transmit the work under the conditions set out in the license.
If you would like to modify this tool (by adding local contact information for copyright queries) and serve it from your institution, or if you have any other questions or comments, please contact Carrie Russell at the OITP Washington Office at: crussell@alawash.org or Michael Brewer at brewerm@u.library.arizona.edu. We will provide you with the digital files and instructions you will need to set the tool up on your own servers.
This tool is designed to provide accurate and authoritative information with regard to the subject covered. This information is given with the understanding that neither the American Library Association, the ALA Office for Information Technology Policy nor Michael Brewer are engaged in rendering legal, copyright or other professional advice. Since the details of each copyright issue are fact-dependent, consult with your organization's copyright specialist or legal advisor regarding copyright questions.