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Library Reproduction Rights for Preservation and Replacement in the Digital Era: An Author's Perspective on Section 108


Roberta Rosenthal Kwall


DePaul University - College of Law


Columbia Journal of Law & the Arts, Vol. 29, No. 3, 2006

Abstract:     
Section 108 of the 1976 Copyright Act delineates limitations on exclusive rights pertaining to reproductions by libraries and archives. Subsections (b) and (c) of Section 108 provide guidelines under which libraries enjoy even further wiggle room for reproductions for purposes of preservation and replacement of original works. It is the purpose of this Commentary to establish that these subsections are in need of revision for three reasons. First, they draw an unnecessary distinction between unpublished and published works. Second, by limiting the availability of reproduction rights in digital format to no more than three copies and to recipients within the physical premises of the library, they fail to take into account the realitites of the digital era. Finally, by omitting attribution and other integrity safeguards on works reproduced, they fail to include requirements embodying vital authorship norms.

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Date posted: January 12, 2006 ; Last revised: May 12, 2014

Suggested Citation

Kwall, Roberta Rosenthal, Library Reproduction Rights for Preservation and Replacement in the Digital Era: An Author's Perspective on Section 108. Columbia Journal of Law & the Arts, Vol. 29, No. 3, 2006. Available at SSRN: http://ssrn.com/abstract=875367

Contact Information

Roberta Rosenthal Kwall (Contact Author)
DePaul University - College of Law ( email )
Center for Intellectual Property Law & Information
25 East Jackson Blvd.
Chicago, IL 60604-2287
United States
312-362-8131 (Phone)
312-362-5448 (Fax)

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