Copyright Guidelines

V.  Library Reproduction

A.  General Information

Under Section 108 of the copyright law, library rights of reproduction are contingent on three pre-conditions:

• the library reproduction and distribution must be without any purpose of direct or indirect commercial advantage;

• the collections must be open to the public or persons unaffiliated with the institutions but doing research in a specialized field; and

• All copies made under Section 108 must include the copyright as it appears on the original. If no notice was included on the original, then the generic stamp should be used which indicates the work may be protected by copyright.

The reproduction and distribution by a library or archive of the following works are allowed only for preservation and replacement purposes, unless the works listed below are published as parts of non-excluded works, then their copying is allowed under the broader provisions of 108.

• Musical Work
• Pictorial, graphic or sculptural work or
• Motion picture or other audiovisual work (other than audiovisual of news)

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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