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Publication Date

January 2006


Section 108 of the 1976 Copyright Act delineates limitations on exclusive rights pertaining to reproductions by libraries and archives. Subsections (b) and (c) of Section 108 provide guidelines under which libraries enjoy even further wiggle room for reproductions for purposes of preservation and replacement of original works. It is the purpose of this Commentary to establish that these subsections are in need of revision for three reasons. First, they draw an unnecessary distinction between unpublished and published works. Second, by limiting the availability of reproduction rights in digital format to no more than three copies and to recipients within the physical premises of the library, they fail to take into account the realitites of the digital era. Finally, by omitting attribution and other integrity safeguards on works reproduced, they fail to include requirements embodying vital authorship norms.

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