Library materials do not last forever. In order to continue to provide access to some materials, it may be necessary for the library to make copies in order to protect the original works. Sections 108(b) and 108(c) allow a library to copy unpublished or published works contained in their collection for the purposes of preservation. Under 108(b), a library can make 3 copies of an unpublished work for preservation or security reasons. Under 108(c), a library can make 3 copies for the purpose of preservation of a published work in its collection that is damaged, deteriorating, lost, stolen, or in an obsolete format. In order to use Section 108(c), the library must first determine that an unused replacement copy is not available at a fair price. The library can make digital copies under both Sections 108(b) and 108(c), but any digital copies cannot be made available to patrons outside the premises of the library.

Resources on preservation of library materials

Before copying materials under Sections 108(b) or 108(c), check out the Copyright Checklist for Libraries: Copies for Preservation or Replacement

Section 108 guidelines for audiovisual works from the Video At Risk project: VIDEO AT RISK: Strategies for Preserving Commercial Video Collections in Research Libraries

DISCLAIMER: The information on these web pages and that received from Copyright Services at OSU Libraries and the Health Sciences Copyright Coordinator is not legal advice, nor is either office legal counsel to the university or any members of the university community.