Legal Question in Intellectual Property in Pennsylvania

Books on CD

Is it legal for a public library to make copies of books on CD to use as backups if the original is lost, stolen or damaged?


Asked on 2/12/05, 2:19 pm

1 Answer from Attorneys
Lee Kim Tucker Arensberg, P.C.

Re: Books on CD

You may wish to reference 17 USC 108. It states that libraries and archives may make one copy of an original, copyrighted work. It does not state that more than one copy can be made.

However, there is also a fair use provision of 17 USC 107. A factual and legal analysis should indicate, one way or another, if it is fair use for a library to make more than one of the allotted copies as provided for in 17 USC 108.

In any event, it is probably best to retain an attorney who can advise you with respect to your specific factual situation.

Good luck.

Lee

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Answered on 2/12/05, 9:47 pm


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