Section 108 allows libraries and archives, within limits, to reproduce, distribute, publicly display, or publicly perform published works in the last twenty years of their copyright term for purposes of preservation, scholarship, or research.

The following conditions apply:

1.The work must be a published work in the last twenty years of its copyright protection. The last twenty exception does not apply to unpublished works.

2.The use of the work must be for preservation, scholarship, or research purposes.

3.The library or archives must conduct a reasonable investigation to determine that the work is not currently subject to normal commercial exploitation, that a copy of the work is not available at a reasonable price, and that the copyright owner has not filed a notice with the U.S. Copyright Office stating that the work is subject to normal commercial exploitation or that a copy can be obtained at a reasonable price.

Upon satisfying these conditions, a library or archive may reproduce, distribute, publicly display, or publicly perform the copyrighted work.

Please note, Section 108’s last twenty exception does not apply to any subsequent uses by users other than the pertinent library or archives.