Libraries routinely rely on Section 108, the limitations on exclusive rights specifically for libraries and archives in US Copyright Law, even if librarians don’t always realize that the services they provide, such as ILL, are encompassed in Section 108. Also included in Section 108 are provisions for libraries and archives to make replacement copies of published works in their collections if the work is ‘damaged, deteriorating, lost or stolen, or if the existing format in which the work is stored has become obsolete’. What is obsolete? Well, 108 (c) defines a format as obsolete ‘if the machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.’ For convenience, the text of 108 (c) is below. Read more
If the library is the heart of a university, then exercising fair use is the lifeblood. Teachers, researchers, students, librarians and publishers exercise fair use in countless ways every day. It is fair use that facilitates re-using and re-mixing, if you will, the knowledge preserved and made available by libraries into new discoveries and interpretations. This process of research and scholarship has been referred to as ‘standing on the shoulders of giants’ because we all rely on that which has gone before to provide insight, context and meaning for today.