Not all activities performed by libraries fit under the rules of Section 108. It is still possible for libraries to rely on fair use in order to accomplish certain projects.
While Section 108 describes very specific allowable activities under detailed limitations, fair use allows libraries to perform activities that were not thought of at the time that Section 108 was created. One activity that has become of particular interest to libraries in recent years is digitizing their collections in order to provide broader access for research, preservation, and improved accessibility for the visual impaired. Some digitization may be allowed under Section 108, but many projects need to depend upon the broader exception of Fair Use.
To learn more about some of the legal issues involved in these kinds of digitization projects, see Legal Issues in Mass Digitization provided by the U.S. Copyright Office.
DISCLAIMER: The information on these web pages and that received from Copyright Services at The Ohio State University Libraries and the Health Sciences Copyright Coordinator is not legal advice, nor is either office legal counsel to the university or any members of the university community.