Section 108 of the Copyright Act allows libraries and archives, within limits, to make and distribute copies of some copyrighted works upon the request of a library user (or upon the request of another library on behalf of a user) for private study, scholarship, or research purposes.

The requirements depend on whether the institution is copying an article, chapter, or small part of a larger work, or, alternatively, an entire work or substantial part of a work.

In either instance, the library or archive must satisfy four conditions.

First, the source copy must be from the collection of the library or archive where the user makes the request or from the collection of another eligible library or archive.

Second, the copy must become the property of the user.

Third, the institution must have no notice that the copy is for any purpose other than private study, scholarship, or research.

Finally, the institution must display a warning of copyright at the place where requests for copies are accepted and on its order form.

If the copy is of an entire work or a substantial part of a work, in addition to these four requirements, the library or archive must first conduct a reasonable investigation to determine whether a copy of the work can be obtained at a fair price. If it can, then the institution may not make a copy.

If the copy is of an article, book chapter, or other small part of a larger work, the institution can make no more than one copy of the work and may not engage in systematic copying or distribution of the work. However, this condition does not prevent interlibrary arrangements that do not substitute for a subscription to or purchase of the work.

Types of Works

A library or archive can make copies of many types of works for its users’ private study, scholarship, or research, including, for example, literary works, choreographic works, architectural works, and certain sound recordings.

Notably, a library or archive cannot make copies of some types of works, including musical works; pictorial, graphic, or sculptural works; and motion pictures or other audiovisual works, except under certain circumstances.

Specifically, a library or archive can make a copy of pictorial or graphic works if they are published as illustrations, diagrams, or similar adjuncts to works that are otherwise allowed to be copied. For example, if the library or archive can make a copy of an article upon a user’s request, it can also copy a picture or graphic that is in the article. Additionally, a library or archive can make a copy of an audiovisual work for a user’s private study, scholarship or research if the audiovisual work deals with news.