Skip to Main Content

Copyright & Fair Use

Library Copying Guidelines

Section 108 allows libraries to make copies of protected works for the purpose of:

  • Private study
  • Preservation
  • Interlibrary Loan

Requirements for Section 108:

  • The library must be open to the public
  • Copies are not made for commercial purposes
  • Library does not engage in bulk distribution of copies
  • Each copy includes a copyright notice

When making copies for patrons' private study:

  • The copy becomes the property of the user

  • You have no reason to suspect that the patron will be using the copy for any other purpose besides private study.

  • Your library displays copyright warning where requests are submitted.

  • After a reasonable investigation, the library can conclude that a copy cannot be obtained at a reasonable price (when requesting a substantial portion of the item or a full copy).

Types of work that can be copied:

  • Literary works, including magazines, journals, newspapers and books.

  • Illustrations, pictures, charts and graphs that accompany literary works.

  • Audiovisual works that deal with the news.

Types of work that cannot be copied:

  • Musical compositions/scores

  • Most art

  • Most audiovisual works, including movies

When making copies for preservation purposes:

  • Any type of material including art, audiovisual and/or musical scores can be copied for preservation purposes.
  • For unpublished work, libraries can make copies so long as:
    • the item being reproduced is currently part of the library's collection already
    • the copy is for preservation (falling apart)
    • security (if it is not safe for a patron to handle the original)
  • For published work, libraries can make copies so long as:
    • it is being used to replace a damaged, deteriorating, lost or stolen copy (the law does not require you to keep the original if a replacement has been made).
    • If the work is in a format that has become obsolete which, under law, means that the technology needed to play or perform the work is no longer manufactured or is not readily available for purchase.
    • It is concluded that, after performing a reasonable investigation, a used replacement copy cannot be obtained at a reasonable price.