Chapter Five
The Library Exemption
(Section 108)
In addition to fair use, libraries and archives have certain rights to use copyrighted works without permission under section 108 of the Copyright Act. As we discussed in Chapter One, copyright law balances the rights of creators and users of information, with the ultimate goal of disseminating and promoting knowledge. Because libraries and archives play a special role in this goal, section 108 gives them certain privileges not afforded to other users.
Section 108 is in some ways a flawed and outdated piece of legislation. Some of its provisions are unclear, and changes in technology have added to the confusion. In 2004, the Copyright Office and the Library of Congress convened a study group to suggest ways of improving section 108. The study group released its report in March 2008,[1] in which it recommended substantial changes to the section, but Congress has taken no action to implement the recommendations.
Section 108 has several subsections which address various library activities. We’ll discuss each in turn, starting with subsection (a), which sets forth some general requirements that apply to exempted copying by libraries and archives. Other subsections set forth further rights and restrictions that vary depending on the purpose of the copying and the material being copied.
- ↑ Section 108 Study Group Report, available at http://www.section108.gov/docs/Sec108StudyGroupReport.pdf.
