above factors.”[1] And in some cases, a library may copy an entire unpublished work for a patron under section 108(e), which is discussed later in this chapter.
The Bottom Line: A library may copy an unpublished work it already owns for preservation and security. The library may make up to three digital copies of the work, but the digital copies may only be used on-site. A library that owns an unpublished work may send a digital copy to another section 108 library. A library that receives a digital copy under 108(b) for research use similarly must limit access to the digital copy to within the library’s walls.
Replacing Lost, Stolen, Damaged, or Deteriorating Copies of Published Works (Section 108(c))
5.4. Section 108(c)
Copying Entire Published Works
- Three copies
- To replace a damaged, deteriorating, lost or stolen copy, or
- Obsolete format
If
- Unused replacement unobtainable at a fair price
- Digital version is used internally
Section 108(c) permits a library, under some circumstances, to replace a lost, stolen, damaged, or deteriorating copy of a published work by copying, if after reasonable efforts it determines that an unused replacement cannot be obtained at a fair price. As with section 108(b), the copy can be
- ↑ Section 107 was amended in 1992 to address the problem users had copying from unpublished works after the Salinger decision, discussed earlier. Pub. L. No. 102-492, 106 Stat. 3145 (Oct. 24, 1992).
