Library Exemptions

Introduction

Section 108 of the copyright act sets forth specific circumstances under which a qualifying library may reproduce materials or portions of materials. Such reproductions are deemed so necessary and reasonable to the functioning of these libraries and to balance the exclusive rights of the copyright holder that prior permission of the copyright holder is not required. In addition to section 108 rights, a library may also exercise fair use rights under section 107.

"Qualifying" Library

Only "qualifying" libraries may avail themselves of section 108 provisions. A "qualifying" library is one that is open to the public or open not only to affiliated researchers, but also to other researchers in a specialized field. Additionally, reproductions and distributions of materials made under this section must be made without any purpose of direct or indirect commercial advantage and must include a notice of copyright, if one can be found.

A typical copyright notice would include the copyright symbol (©), name, and date.

If no notice of copyright can be found on the work, the library should include a statement that this work may be protected by copyright.

Unpublished Works

A qualifying library may reproduce and distribute an unpublished work currently in its collection only for preservation, security, or if the format for accessing the work has become obsolete. It may also make such a copy for deposit for research use in another qualifying library. The library may reproduce up to three such copies, and they may be in digital format as long as the digital copy is not made available to the public in that format outside the premises of the library.

Published Works

A qualifying library may reproduce a published work only for replacement of a copy that is damaged, deteriorating, lost, stolen, or obsolete and only if an unused replacement cannot be obtained, after a reasonable investigation, at a fair price. The library may reproduce up to three such copies, and they may be in digital format as long as the digital copy is not made available to the public in that format outside the premises of the library.

Purpose of Copyright | Copyright Facts | The First Sale Doctrine | Rights of the Copyright Holder Limitations on Exclusive Rights: Fair Use -- Performances & Displays -- Library Exemptions The Internet | Posting Material on the Internet | Musical Works | Who Owns the Copyright to Student Work? Student Webpages

SCC Home
Copyright 2003
Disclaimer
Last Modified: May 22, 2008
Questions/Comments: page_manager@ncsu.edu
URL: