What is Section 108 of the copyright Code?

Congress enacted section 108 of title 17 in 1976, authorizing libraries and archives to reproduce and distribute certain copyrighted works without permission on a limited basis for the purposes of preservation, replacement, and research. This exception, however, was drafted and enacted in the analog age.

Can libraries photocopy a whole book for purposes of interlibrary loan?

Under 17 USCA 108(d), a library may copy an article or a small part of a copyrighted work for Interlibrary Loan if: The copy becomes the property of the user. The library is not aware that the copy is for any purpose other than private study, scholarship or research.

How do libraries avoid copyright?

A. The first sale doctrine (section 109[a]) of the Copyright Act) allows owners of a legal copy of a tangible (physical) work to resell, rent, lend, or give away that copy without the copyright owner’s permission. This explicitly permits libraries to lend books from their collections.

Is VHS an obsolete format under section 108?

With the end of VCR manufacturing in 2016, the format now fits the definition of “obsolete” and broadly fits the legal requirements for duplication and the creation of preservation copies under Section 108. However, a library cannot simply begin digitizing all of their VHS tapes.

Is making copies of a book illegal?

Based on these exclusive rights alone, it appears that only the copyright owners or licensed individuals are allowed to make photocopies of the textbook. Photocopying textbooks can be considered reproducing copies of the work, so you may be infringing unless the copying is deemed fair use.

How much of a book can you legally copy?

Question: Is there a limit to the number of chapters I may copy each semester? Answer: Yes, nine times, whether the copying is articles, chapters, charts, poems, or some other short creative work.

What is Section 107 of the Copyright Act 1976?

Copyright Disclaimer under Section 107 of the copyright act 1976, allowance is made for fair use for purposes such as criticism, comment, news reporting, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing.

Is photocopying textbooks illegal?

Photocopying textbooks can be considered reproducing copies of the work, so you may be infringing unless the copying is deemed fair use.

Can I photocopy copyrighted material?

The Copyright Act allows anyone to photocopy copyrighted works without securing permission from the copyright owner when the photocopying amounts to a “fair use” of the material (17 U.S.C. SS107).

What is Section 108 of the copyright law?

Section 108: Copyright Exceptions for Libraries and Archives Title 17, section 108 of the U.S. Code permits libraries and archives to use copyrighted material in specific ways without permission from the copyright holder. This does not replace fair use, which is codified in section 107.

Is interlibrary loan legal under the Copyright Act?

A. Interlibrary loan is permitted under section 108 of the Copyright Act. Both the lending and the borrowing libraries have specific responsibilities they must fulfill. The Copyright Act lacks guidance on, for example, how many articles from a library may request from one journal in one year.

What is title 17 Section 108 of the code?

Title 17, section 108 of the U.S. Code permits libraries and archives to use copyrighted material in specific ways without permission from the copyright holder. This does not replace fair use, which is codified in section 107. Librarians, archivists, and library users can rely on fair use just like everyone else.

Is it copyright infringement if a library has multiple copies?

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