Copyright for Librarians

Section 107 of the Copyright Law grants the same fair use privileges to everyone, including students, faculty and librarians. However, Section 108 of the law contains privileges strictly designated for libraries and archives.

Under Section 108, "Limitations on exclusive rights: Reproduction by libraries and archives," libraries and archives are allowed to duplicate copyrighted materials for two purposes:

1. interlibrary loan, and
2. replacement of library materials that have been lost, stolen, damaged, or that are deteriorating.

To take advantage of the privileges of Section 108, libraries must meet the following requirements:

1. the reproduction or distribution is made without any purpose of direct or indirect commercial advantage;
2. the collections of the library or archives are
   1. open to the public, or
   2. available not only to researchers affiliated with the library or archives or with the institution of which it is a part, but also to other persons doing research in a specialized field; and
3. the reproduction or distribution of the work includes a notice of copyright as it appears on the copy (see Note below), or includes a legend stating that the work may be protected by copyright if no such notice can be found on the copy.

Note: The Copyright Law always uses the phrase “copy or phonorecord." For purposes of this site, the word “copy” alone will designate that phrase. Similarly, we shall use the word "libraries" to designate "libraries and archives."