Amelioriating the Effects of Term Extension. (Copyright Corner)

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The Copyright Term Extension Act (CTEA) contains a little-used provision that has the potential to be of tremendous benefit to libraries. The CTEA, effective October 27, 1998, extended the term of copyright from life of the author plus 50 years to life plus 70 years. It expanded the library exemption by adding a new section ([section] 108(h)) to the Copyright Act. The intent of the expansion was to ease the effects of term extension on libraries and archives. In order to meet the requirements of [section] 108(h), a library or archive must satisfy several requirements in addition to qualifying as an eligible entity under [section] 108(a).

Section 108(h) permits a library, archives, or a nonprofit educational institution, during the last 20 years of a published work's term, to reproduce, distribute, display, or perform in either facsimile or digital form, a copy of a work for purposes of preservation, scholarship, or research. In order to do this, however, the library must by reasonable investigation determine that (1) the work is not subject to normal commercial exploitation, (2) a copy cannot be obtained at …