Section 108 Study Group Update Questions from the March Roundtables

Eligibility for Section 108 Exceptions Greater definition of what is a library or archives? Limited to non-profit mission or non- commercial activity? Open to virtual libraries and archives? Include museums? Extend to include outsourced activities? –Under what conditions?

Making Copies for Preservation and Replacement Purposes Number of copies: more than 3? Address the need for up-front preservation of digital works by adding concepts of “unstable” or “fragile” to the law? Create a new “preservation only” exception? How can interests of rights holders be protected? –Limits on who can do this, storage in a “dark archives,” etc. Should distinction between published and unpublished works be maintained? Does right of 1st publication mean that no unpublished materials can ever go online?

Preservation of Websites Should there be a special exception to permit the online capture and preservation by libraries and archives of website or online content? Should such an exception be limited to certain classes of online content? –Non-commercial, publicly available, no robots.txt, opt-out provisions? When can there be public access?

Access to Digital Copies Outside the Premises of Libraries and Archives Can there ever be access outside of the premises? How do you define a user community? Limits on simultaneous users? TPM required?