Exception 4: Digitizing For Patrons
§ 108. Limitations on exclusive rights: Reproduction by libraries and archives
(d) The rights of reproduction and distribution under this section apply to a copy, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, of no more than one article or other contribution to a copyrighted collection or periodical issue, or to a copy or phonorecord of a small part of any other copyrighted work, if —
(1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research; and
(2) the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation.
(e) The rights of reproduction and distribution under this section apply to the entire work, or to a substantial part of it, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, if the library or archives has first determined, on the basis of a reasonable investigation, that a copy or phonorecord of the copyrighted work cannot be obtained at a fair price, if —
(1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research; and
(2) the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation. (US Copyright Office, n. d.)
A library can digitize a work for a patron in part or in total under certain conditions. A part of an item, such as one article or chapter, may be digitized if the library thinks the patron will only use it for “private study, scholarship, or research” (US Copyright Office, n. d.). In any case, the library must have a warning of copyright on both the order form and the place of order acceptance. These same conditions apply when digitizing an entire work for a patron as well as the condition that the work cannot be obtained at a “fair price” (US Copyright Office, n. d.). This exception may include items of historic value. Be careful to not overlook “When the library IS held liable” 1 and 2: systematic copying and AV materials!