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Copyright Law Explained

Exceptions for Libraries and Archives

The copyright law includes numerous exceptions for libraries and/or archives. There are various conditions that apply to each that must be satisfied for the library and/or archive to take advantage of the exception. These exceptions include

  • Archival Copies: A library may reproduce and distribute a copy of an unpublished work if the sole purpose is preservation and security, and if the copy reproduced is currently in the collection of the library.
  • Interlibrary Loan: A library may make single copies of copyrighted works and enter into interlibrary arrangements. (However, the library cannot engage in copying to such an extent that it would substitute for a subscription to or purchase).
  • Replacement Copies: A library may reproduce a published work (in facsimile form) solely for the purpose of replacing a copy that is damaged, deteriorated, lost or stolen, if the library has, after reasonable efforts, determined that an unused replacement cannot be obtained at a fair price. (The exemption does not apply to digital copies).
  • Articles and Short Excerpts for Users: A library may reproduce and distribute a copy of one article or other contribution to a copyrighted collection or periodical issue, or a copy of a small part of any other copyrighted work at the request of a user, provided: (1) the copy becomes the property of the user; (2) the copy is used for the purpose of private study, scholarship, or research and to the extent it is not used for that purpose the library or archives doesn’t know that the copy is being used for a different purpose; and (3) the library or archives must prominently display a copyright warning at the place where orders are accepted and on its order form.
  • Out-of-Print Works for Scholarly Purposes: A library may reproduce and distribute a copy of an entire out-of-print work if it has determined that a copy of the work cannot be obtained at a fair price, provided: (1) the copy becomes the property of the user; (2) the copy is used for the purpose of private study, scholarship, or research and to the extent it is not used for that purpose the library or archives doesn’t know that the copy is being used for a different purpose; and (3) the library or archives must prominently display a copyright warning at the place where orders are accepted and on its order form.
  • News Programs: A library may reproduce and distribute by lending a limited number of copies of an audiovisual news program.