value will be commercially exploited. And in any event, by the time a work is in the last twenty years of its term, it is pretty darn old.
Non-Print Works (Music, Pictures, Graphs, and Sculptural Works) (Section 108(i))
5.10. Section 108(i) Non-Print Works
Except for subsections (b) and (c), Section 108 does not apply to:
- Musical works
- Pictorial, graphic or sculptural works, or
- Motion pictures or other AV works other than news
But
- May include illustrations and diagrams within articles or chapters
Section 108 is designed primarily for print works and sound recordings. Most of the library exemption does not apply to the following: (1) musical works, (2) pictorial works, (3) graphical works, (4) sculptural works, (5) motion pictures, and (6) audiovisual works that do not deal with the news.[1]
Section 108(i), however, provides that each of these six types of works may be reproduced or distributed under certain circumstances. First, section 108(b), which permits the copying of an unpublished work for purposes of preservation, security, or for deposit for research use in another library, applies to works in these non-print formats. Second, section 108(c) also applies to these types of works, thereby permitting the copying of a published work in these formats to replace a damaged, deteriorating, lost, or stolen copy if the library cannot obtain an unused replacement copy at a fair price. Third, section 108(c) also permits the making of a copy if the
- ↑ Id. § 108(i). A “musical work” is different from a “sound recording.” The musical work is the composition; the sound recording is what we hear by playing a disk, tape, phonorecord, etc.
