Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/121

Chapter Five. The Library Exemption (Section 108) value will be commercially exploited. And in any event, by the time a work is in the last twenty years of its term, it is pretty darn old.

Section 108 is designed primarily for print works and sound recordings. Most of the library exemption does not apply to the following: (1) musical works, (2) pictorial works, (3) graphical works, (4) sculptural works, (5) motion pictures, and (6) audiovisual works that do not deal with the news.

Section 108(i), however, provides that each of these six types of works may be reproduced or distributed under certain circumstances. First, section 108(b), which permits the copying of an unpublished work for purposes of preservation, security, or for deposit for research use in another library, applies to works in these non-print formats. Second, section 108(c) also applies to these types of works, thereby permitting the copying of a published work in these formats to replace a damaged, deteriorating, lost, or stolen copy if the library cannot obtain an unused replacement copy at a fair price. Third, section 108(c) also permits the making of a copy if the