Can copyrighted materials be copied for library archival purposes?
Section 108 of the Copyright Act126 addresses library archiving. The Digital Millennium Copyright Act3 amended Sec. 108 to cover both digital and non-digital copies. It permits the creation of three copies only if the library or archives has, after reasonable effort, determined that an unused replacement cannot be obtained at a reasonable price. These copies may not be distributed to the public outside the premises of the library or archive. The material may also be converted to a new format for preservation. Although, the Sonny Bono Copyright Term Extension Act added 20 years to the term of copyright, it also added section 108(h), allowing libraries and archives to make copies of text works that were no longer being sold and copies of which cannot be obtained at a reasonable price for preservation purposes during the 20-year extension period. Title IV “Preservation of Orphan Works Act” contained in the ” The Family Entertainment and Copyright Act of 2005″ amends section 108(i) and 108
