The US Copyright Act grants qualified libraries and archives certain rights to reproduce and distribute copyrighted works. These rights are codified at 17 U.S.C. § 108.
A library or archive qualifies for these rights if the
In addition, these rights do not apply if the library or archives, or its employee, “is aware or has substantial reason to believe that it is engaging in the related or concerted reproduction or distribution of multiple copies or phonorecords of the same material” or “engages in the systematic reproduction or distribution of single or multiple copies or phonorecords of material described in subsection (d): provided, that nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work.”
A qualified library or archives is entitled to make up to three copies of an unpublished work currently in its collection “solely for purposes of preservation and security or for deposit for research use in another” qualified library or archives, so long as any 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 or archives.”
A qualified library or archives is entitled to make up to three copies of a published work “solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, or if the existing format in which the work is stored has become obsolete,” so long as an unused replacement copy of the work cannot be obtained at a fair price and any copy “that is reproduced in digital format is not made available to the public in that format outside the premises of the library or archives in lawful possession of such copy.”
Upon request from one of its users or the user of another qualified library or archives, a qualified library or archives is entitled to make a copy of
So long as:
During the last 20 years of a work’s copyright term, a library or archives in entitled to “reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work, or portions thereof, for purposes of preservation, scholarship, or research, if such library or archives has first determined, on the basis of a reasonable investigation” that