rights: Reproduction by
libraries and archives.
(a) Notwithstanding the provisions of section 106, it is not an
infringement of copyright for a library or archives, or any of its
employees acting within the scope of their employment, to reproduce no
more than one copy or phonorecord of a work, or to distribute such copy
or phonorecord, under the conditions specified by this section, if--
(1) the reproduction or distribution is made without any purpose of
direct or indirect commercial advantage;
(2) the collections of the library or archives are
(i) open to the public, or
(ii) available not only to researchers affiliated with the library or
archives or with the institution of which it is a part, but also to
other persons doing research in a specialized field; and
(3) the reproduction or distribution of the work includes a notice of
copyright.
(b) The rights of reproduction and distribution under this section
apply to a copy or phonorecord of any unpublished work duplicated in
facsimile form solely for purposes of preservation and security or for
deposit for research use in another library or archives of the type
described by clause (2) of subsection (a), if the copy or phonorecord
reproduced is currently in the collections of the library or archives.
(c) The right of reproduction under this section applies to a copy or
phonorecord of a published work duplicated in facsimile form solely for
the purpose of replacement of a copy or phonorecord that is damaged,
deteriorating, lost, or stolen, if the library or archives has, after a
reasonable effort, determined that an unused replacement cannot be
obtained at a fair price.
(d) The rights of reproduction and distribution under this section
apply to a copy, made from the collection of a library or archives
where the user makes his or her request or from that of another library
or archives, of no more than one article or other contribution to a
copyrighted collection or periodical issue, or to a copy or phonorecord
of a small part of any other copyrighted work if--
(1) the copy or phonorecord becomes the property of the user, and the
library or archives has had no notice that the copy or phonorecord
would be used for any purpose other than private study, scholarship, or
research; and
(2) the library or archives displays prominently, at the place where
orders are accepted, and includes on its order form, a warning of
copyright in accordance with requi
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