(a) Except as otherwise provided in
this title and notwithstanding the provisions of
section 106, 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 no more than one
copy or phonorecord of a work, except as provided in
subsections (b) and (c), or to distribute such copy or
phonorecord, under the conditions specified by this section,
if —
(1) the reproduction or distribution
is made without any purpose of direct or indirect commercial
advantage;
(2) the collections of the library or
archives are (i) open to the public, or (ii) available not
only to researchers affiliated with the library or archives
or with the institution of which it is a part, but also to
other persons doing research in a specialized field; and
(3) the reproduction or distribution
of the work includes a notice of copyright that appears on
the copy or phonorecord that is reproduced under the
provisions of this section, or includes a legend stating
that the work may be protected by copyright if no such
notice can be found on the copy or phonorecord that is
reproduced under the provisions of this section.
(b) The rights of reproduction and
distribution under this section apply to three copies or
phonorecords of an unpublished work duplicated solely for
purposes of preservation and security or for deposit for
research use in another library or archives of the type
described by clause (2) of subsection (a), if —
(1) the copy or phonorecord
reproduced is currently in the collections of the library or
archives; and
(2) any such copy or phonorecord that
is reproduced in digital format is not otherwise distributed
in that format and is not made available to the public in
that format outside the premises of the library or archives.
(c) The right of reproduction under
this section applies to three copies or phonorecords of a
published work duplicated solely for the purpose of
replacement of a copy or phonorecord that is damaged,
deteriorating, lost, or stolen, or if the existing format in
which the work is stored has become obsolete, if —
(1) the library or archives has,
after a reasonable effort, determined that an unused
replacement cannot be obtained at a fair price; and
(2) any such copy or phonorecord that
is reproduced in digital format is not made available to the
public in that format outside the premises of the library or
archives in lawful possession of such copy.
For purposes of this subsection, a
format shall be 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.
(d) The rights of reproduction and
distribution under this section apply to a copy, made from
the collection of a library or archives where the user makes
his or her request or from that of another library or
archives, of no more than one article or other contribution
to a copyrighted collection or periodical issue, or to a
copy or phonorecord of a small part of any other copyrighted
work, if —
(1) the copy or phonorecord becomes
the property of the user, and the library or archives has
had no notice that the copy or phonorecord would be used for
any purpose other than private study, scholarship, or
research; and
(2) the library or archives displays
prominently, at the place where orders are accepted, and
includes on its order form, a warning of copyright in
accordance with requirements that the Register of Copyrights
shall prescribe by regulation.
(e) The rights of reproduction and
distribution under this section apply to the entire work, or
to a substantial part of it, made from the collection of a
library or archives where the user makes his or her request
or from that of another library or archives, if the library
or archives has first determined, on the basis of a
reasonable investigation, that a copy or phonorecord of the
copyrighted work cannot be obtained at a fair price, if —
(1) the copy or phonorecord becomes
the property of the user, and the library or archives has
had no notice that the copy or phonorecord would be used for
any purpose other than private study, scholarship, or
research; and
(2) the library or archives displays
prominently, at the place where orders are accepted, and
includes on its order form, a warning of copyright in
accordance with requirements that the Register of Copyrights
shall prescribe by regulation.
(f) Nothing in this section —
(1) shall be construed to impose
liability for copyright infringement upon a library or
archives or its employees for the unsupervised use of
reproducing equipment located on its premises: Provided,
That such equipment displays a notice that the making of a
copy may be subject to the copyright law;
(2) excuses a person who uses such
reproducing equipment or who requests a copy or phonorecord
under subsection (d) from liability for copyright
infringement for any such act, or for any later use of such
copy or phonorecord, if it exceeds fair use as provided by
section 107;
(3) shall be construed to limit the
reproduction and distribution by lending of a limited number
of copies and excerpts by a library or archives of an
audiovisual news program, subject to clauses (1), (2), and
(3) of subsection (a); or
(4) in any way affects the right of
fair use as provided by
section 107, or any contractual obligations assumed at
any time by the library or archives when it obtained a copy
or phonorecord of a work in its collections.
(g) The rights of reproduction and
distribution under this section extend to the isolated and
unrelated reproduction or distribution of a single copy or
phonorecord of the same material on separate occasions, but
do not extend to cases where the library or archives, or its
employee —
(1) is aware or has substantial
reason to believe that it is engaging in the related or
concerted reproduction or distribution of multiple copies or
phonorecords of the same material, whether made on one
occasion or over a period of time, and whether intended for
aggregate use by one or more individuals or for separate use
by the individual members of a group; or
(2) engages in the systematic
reproduction or distribution of single or multiple copies or
phonorecords of material described in subsection (d):
Provided, That nothing in this clause prevents a library
or archives from participating in interlibrary arrangements
that do not have, as their purpose or effect, that the
library or archives receiving such copies or phonorecords
for distribution does so in such aggregate quantities as to
substitute for a subscription to or purchase of such work.
(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 of preservation, scholarship, or
research, if such library or archives has first determined,
on the basis of a reasonable investigation, that none of the
conditions set forth in subparagraphs (A), (B), and (C) of
paragraph (2) apply.
(2) No reproduction, distribution,
display, or performance is authorized under this subsection
if —
(A) the work is subject to normal
commercial exploitation;
(B) a copy or phonorecord of the work
can be obtained at a reasonable price; or
(C) the copyright owner or its agent
provides notice pursuant to regulations promulgated by the
Register of Copyrights that either of the conditions set
forth in subparagraphs (A) and (B) applies.
(3) The exemption provided in this
subsection does not apply to any subsequent uses by users
other than such library or archives.
(i) The rights of reproduction and
distribution under this section do not apply to a musical
work, a pictorial, graphic or sculptural work, or a motion
picture or other audiovisual work other than an audiovisual
work dealing with news, except that no such limitation shall
apply with respect to rights granted by subsections (b) and
(c), or with respect to pictorial or graphic works published
as illustrations, diagrams, or similar adjuncts to works of
which copies are reproduced or distributed in accordance
with subsections (d) and (e).
