Section 108 Copyright

Over the past several years michael brewer and the copyright advisory subcommittee have been developing tools to educate librarians educators and others about copyright.

Section 108 copyright. Notwithstanding the exclusive rights of the owners of copyright section 108 provides that under certain conditions it is not an infringement of copyright for a library or archives or any of its employees acting within the scope of their employment to reproduce or distribute not more than one copy or phonorecord of a work provided 1 the reproduction or distribution is made without any purpose of direct or indirect commercial advantage and 2 the collections of the library or archives. In the discussion document the copyright office restates its longstanding belief that section 108 needs to be updated so that libraries archives and museums have a robust comprehensible and balanced set of exceptions in order to fulfill their missions. Reading the history of section 108 would suggest that congress intended to define the scope of fair use in the library context but the section explicitly states that nothing in it affects the right of fair use under section 107.

The act was designed in part to. So think of inter library loan for instance. Code permits libraries and archives to use copyrighted material in specific ways without permission from the copyright holder.

The primary objective of the discussion document is to provide a concrete framework for further discussion among stakeholders and members of congress. 1954 relating to exclusion from gross income as amended by section 2 applies and which occurs before january 1 1982 or which occurs in a proceeding in a bankruptcy case or similar. This attempted clarification like most seems to have raised new unintended issues.

104model statutory language 108 a. Before the 1976 act the last major revision to statutory copyright law in the united states occurred in 1909. H 1 for purposes of this section during the last 20 years of any term of copyright of a published work a library or archives including a nonprofit educational institution that functions as such may reproduce distribute display or perform in facsimile or digital form a copy or phonorecord of such work or portions thereof for purposes.

Section 108 of the copyright act provides librarians with what some may call superpowers to lend and distribute works that are otherwise copyright protected. This d oes not replace fair use which is codified in section 107. These now include the public domain slider the section 108 spinner the fair use evaluator and the exceptions for instructors etool.

This section of the copyright act allows librarians to make copies of works that are copyright protected to send to other libraries. Citation needed in deliberating the act congress noted that extensive technological advances had occurred since the adoption of the 1909 act television motion pictures sound recordings and radio were cited as examples.