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Published Works
Libraries may produce as many as 3 copies, including digital
ones (see Digital Millennium Copyright Act: DMCA - 1998), of a published work for the purpose of replacement
of a copy that is damaged, deteriorating, lost, or stolen,
or if the existing format in which the work is stored
has become obsolete (see Note below),
if —
- the library or archives has, after a reasonable
effort, determined that an unused replacement cannot
be obtained at a fair price; and
- any such copy that is reproduced in digital format
is not made available to the public in that format
outside the premises of the library in lawful possession
of such copy.
The right of reproduction also allows for
replacing pages torn from periodicals.
Note: A format shall be
considered obsolete if the machine or device necessary
to render perceptible a work stored in that format is
no longer manufactured or is no longer reasonably available
in the commercial marketplace.
Unpublished Works
Libraries may produce as many as 3 copies, including digital
ones, of an unpublished work for purposes of preservation
and security or for deposit for research use in another
library whose collections are open to the public or available
to persons doing research in a specialized field, if —
- the copy reproduced is currently in the collections
of the library; and
- any such copy that is reproduced in digital format
is not otherwise distributed in that format and is
not made available to the public in that format outside
the premises of the library.
An Important Reminder for Digital
Copies
Although we have stated it several times already, this
important point deserves additional emphasis.
Digital copies made legally
under Section 108 for a library's own collection CANNOT
be made available to the public outside of the premises
of the library.
Rights under ILL vs. Own Collection
Although rights of reproduction and distribution for
ILL under Section 108 do NOT apply to musical,
pictorial, graphic, or sculptured works, or to a motion
picture or other audiovisual work other than one dealing
with the news; libraries may still duplicate such "not
covered" materials for their own collections —
- for preservation and security,
- for deposit for research use, or
- to replace damaged, deteriorating, lost or stolen
materials.
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