Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/98

82 Libraries may also copy a published work “if the existing format in which the work is stored has become obsolete.” A format is obsolete “if the machine or device necessary to render perceptive a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.” If you cannot see or hear the work because you are unable to acquire the equipment that enables you to see or hear it—if the equipment is no longer manufactured or not reasonably available—then you can make a copy of it.

'''Example 3. Sound Recordings'''

Your library has a collection of 78 r.p.m. blues records from artists like John Lee Hooker and Elmore James, but only one ancient record player.

'''Example 4. Videos'''

Your library has some old videos in Betamax format and you no longer have Betamax equipment.

The Bottom Line: If at a reasonable price a library can buy the equipment that enables it to play its old format “stuff,” or if it can buy the old “stuff” in a current format, it should. If the library cannot do either, then it may make a copy under 108(c).