Section 108 of the U.S. Copyright Code

Last 20 Years

Other Criteria

1. The cop[ies] are not made for direct or indirect commercial advantage
2. A copyright notice is included on the cop[ies]
3. The library or archives is open to the public or to unaffiliated specialized researchers
4. Section 108(h) allows libraries and archives to reproduce, distribute and publicly perform and display published works that are not subject to commercial exploitation and that cannot be obtained at a reasonable price for purposes of preservation, scholarship or research. The Music Modernization Act of 2018 expanded that exception to include all published and unpublished sound recordings fixed prior to February 15, 1972.

Notes:

* Use our Public Domain Tool. To determine whether or not a work is in its last 20 years of copyright protection.

** Should the work become subject to commercial exploitation, or be available at a fair price, this exemption is no longer valid. "Fair price" is not defined in the law.

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.

Preservation

Other Criteria

1. Digital cop[ies] are not made available to the public outside the library
2. The cop[ies] are not made for direct or indirect commercial advantage
3. A copyright notice is included on the cop[ies]
4. The library or archives is open to the public or to unaffiliated specialized researchers

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.

Replacement

Other Criteria

1. Digital cop[ies] are not made available to the public outside the library
2. The cop[ies] are not made for direct or indirect commercial advantage
3. A copyright notice is included on the cop[ies]
4. The library or archives is open to the public or to unaffiliated specialized researchers

Notes:

* 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.

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.

Portions for Users

Other Criteria

1. The copy becomes the property of the user and the library has no reason to believe that it will be used for anything other than research, scholarship and private study purposes
2. A warning of copyright is placed where orders are accepted
3. The cop[ies] are not made for direct or indirect commercial advantage
4. A copyright notice is included on the cop[ies]
5. The library or archives is open to the public or to unaffiliated specialized researchers
6. Any requests for the same content, or for content from the same title, are isolated and unrelated

Notes:

* This section does not apply to musical, pictorial, graphic or audiovisual works/motion pictures. 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.

Entire Works for Users

Other Criteria

1. The copy becomes the property of the user and the library has no reason to believe that it will be used for anything other than research, scholarship and private study purposes
2. A warning of copyright is placed where orders are accepted
3. The cop[ies] are not made for direct or indirect commercial advantage
4. A copyright notice is included on the cop[ies]
5. The library or archives is open to the public or to unaffiliated specialized researchers
6. Any requests for the same material are isolated and unrelated

Notes:

* This section does not apply to musical, pictorial, graphic or audiovisual works/motion pictures. 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.

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.

Disclaimer

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.

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.

This tool is licensed under a Creative Commons, Common Deed license. You are free to copy, distribute, and transmit the work under the conditions set out in this license.