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Copyright: Section 108

Copyright resources for Northern Illinois University Libraries. Nothing in this guide should be construed as legal advice.

What Is Section 108?

Section 108 of the Copyright Law provides Copyright Exemptions to Libraries, Archives, and Museums.

This section allows libraries to make and distribute a copy of a work. Specifically, this section states that libraries and archives are allowed to make and distribute a reproduction (copy) of a work as long as that reproduction is not made for any commercial advantage. In addition, the collections of the library or archives making the reproduction must be open to the public or available to researchers. All reproductions/distributions of a work that are made by a library or archive must be accompanied by a notice of copyright. Libraries and archives are also permitted to make copies of works for the purposes of replacement of a damaged, deteriorating, lost or stolen item, or if an item is in an obsolete format, but under certain conditions. Libraries/archives can make and distribute requested copies of works for users of other libraries/archives, but those copies must then become the property of the user and the copies cannot be used for commercial advantage. Libraries/archives are not held liable for copies they make for their users, or for providing for the ability for users to make their own copies, as long as they have copyright notices posted and they are not operating in bad faith.

Section 108 is the provision that allows library users to make copies of materials from the library's collection for their own personal research and study. Section 108 is also the provision that allows for the interlibrary loan of copied materials and allows libraries/archives to take certain measures for the preservation of their materials.

 

Source: https://noellawee.blogspot.com/2020/04/sample-copyright-notice.html