Copyright Guidelines

V.  Library Reproduction

B.  Library Copying for Archive Purposes

Copyright law, with respect to archiving, is narrower than other library rights of reproduction.  In general, a library may make three copies of an unpublished work that exists in its collection if the purpose is preservation or security or for deposit for research use in another library that meets the three conditions listed in Section 5 A.  If an unpublished work is reproduced in digital format, the library's right of distribution of the copy is limited to the library's physical premises.

A library may make three copies of a published work when an unused replacement cannot be obtained at a fair price, but only to replace a damaged, deteriorating, lost, or stolen copy, or if the existing format of the copy has become obsolete. Two additional conditions must be met for published works:

• No copies can be made until the library first consults the copyright owner and standard trade sources to determine an unused copy cannot be purchased at a fair price and
• If a work is reproduced in digital format, the copy cannot be made available outside the premises of the library.

Source: Overview of the Libraries and Archives Exception in the Copyright Act: Background, History, and Meaning Authors: Mary Rasenberger and Chris Weston, April 2005




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