format in which the work is stored is obsolete and you cannot acquire an unused replacement of the work at a fair price.
Articles and book chapters often are accompanied by illustrations, diagrams, graphs and charts. You may include illustrations, diagrams, etc., when you copy an article or book excerpt under section 108(d) or (e).
Section 108 and Fair Use (Reprise) (Section 108(f)(4))
Section 108, as you have seen, has its limitations. But remember that fair use may still apply. Section 108(f) reads “[n]othing in this section … in any way affects the right of fair use as provided by section 107… .” This is reinforced by the House Judiciary Committee:
Nothing in section 108 impairs the applicability of the fair use doctrine to a wide variety of situations involving photocopying or other reproduction by a library of copyrighted material in its collections, where the user requests the reproduction for legitimate scholarly or research purposes.[1]
- ↑ H.R. Rep. No. 94-1476, at 78–79.
