Preservation and Security of Unpublished Works

Section 108(b) permits a library or archive to make three copies of an unpublished work in its collection “solely for purposes of preservation and security”. A copy made for these purposes in digital format may not be distributed or made available to the public outside the premises of the physical library or archive.

Replacement of Published Works

Section 108(c) permits a library or archive to make three copies of a published work “solely for the purpose of replacement of a copy that is damaged, deteriorating, lost, or stolen, or if the existing format in which the work is stored has become obsolete.” A format is considered obsolete if “the machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.”

Copying for replacement purposes is permissible only if the library or archive has, “after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price.”

Any copy made for these purposes in digital format is not to be distributed or made available to the public outside the premises of the library or archive.

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