Once a library or archives has determined that it is qualified to use Section 108, it may make a single copy of certain types of works to give to a user of the library for that person’s individual use. See also the requirement to post specific notices in connection with these provisions of Section 108. The law applies in a slightly different manner to copies of short works and copies of entire works, as summarized below. Remember, if you do not fit the requirements of Section 108, you may still evaluate whether your use is within fair use or another statutory exception, or you may seek permission from the copyright owner.
Copies of articles, book chapters, or other short works (Section 108(d))
A library or archives may make one copy of an article or other short work, such as a book chapter, for a patron’s individual study and research. Under this section the patron may request only a small part or contribution to a copyrighted work.
Copies of an entire book or a substantial part of a work (Section 108(e))
Section 108 also allows a library or archives to make one copy of an entire work or a substantial part of a work for a patron’s individual study. The library using this provision of Section 108 must, before making the copy, also investigate the market for the availability of a copy of the work for purchase.
Used under a Creative Commons BY-NC license from the Copyright Advisory Office of Columbia University, Kenneth D. Crews, director