Section 108
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a) | Notwithstanding the provisions of Section 106, it is not an infringement of copyright
for a library or archive, 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
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| 1) | the reproduction or distribution is made without any purpose of direct or
indirect commercial advantage; |
| 2) | the collections of the library or archive are (i) open to the public, or
(ii) available not only to researchers affiliated with the library or archive 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.
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| b) | The rights of reproduction and distribution under this section apply to 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phonorecord of an unpublished work duplicated in facsimile form solely for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 archive of the type described by clause (2) of subsection (a), if the copy or
phonorecord reproduced is currently in the collections of that library or archive.
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| 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 archive has, after a reasonable effort, determined that an unused replacement
cannot be obtained at fair cost. |
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