ion (b) authorizes the reproduction and distribution of a copy or
phonorecord of an unpublished work duplicated in facsimile form solely
for purposes of preservation and security, or for deposit for research
use in another library or archives, if the copy or phonorecord
reproduced is currently in the collections of the first library or
archives. Only unpublished works could be reproduced under this
exemption, but the right would extend to any type of work, including
photographs, motion pictures and sound recordings.
Under this exemption, for example, a repository could make photocopies
of manuscripts by microfilm or electrostatic process, but could not
reproduce the work in "machine-readable" language for storage in an
information system.
*Replacement of damaged copy*
Subsection (c) authorizes the reproduction 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. The scope and
nature of a reasonable investigation to determine that an unused
replacement cannot be obtained will vary according to the circumstances
of a particular situation. It will always require recourse to
commonly-known trade sources in the United States, and in the normal
situation also to the publisher or other copyright owner (if such owner
can be located at the address listed in the copyright registration), or
an authorized reproducing service.
*Articles and small excerpts*
Subsection (d) authorizes the reproduction and distribution of a copy of
not more than one article or other contribution to a copyrighted
collection or periodical issue, or of a copy or phonorecord of a small
part of any other copyrighted work. The copy or phonorecord may be made
by the library where the user makes his request or by another library
pursuant to an interlibrary loan. It is further required that the copy
become the property of the user, that the library or archives have no
notice that the copy would be used for any purposes other than private
study, scholarship or research, and that the library or archives display
prominently at the place where reproduction requests are accepted, and
includes in its order form, a warning of copyright in accordance with
requirements that the Register of Copyrights shall prescribe by
regul
|