User:Lupo/Section 108

17 USC 108(h) is a provision in U.S. copyright law introduced in the 1998 with the CTEA allowing libraries and archives to publish in facsimile or digital form for the non-commercial purposes of "preservation, scholarship, or research" any published work during the last 20 years of its copyright term if

• the work is no longer subject to normal commercial exploitation (i.e., it's not sold regularly anymore), and
• copies of the work cannot be obtained at a reasonable price,

and if the library or archive has performed a reasonable investigation that these two conditions do indeed hold.

Until 2005, section 108(h) did not apply to musical works, movies, images, and sculptures. Since April 27, 2005, it does apply to such works. (See the Preservation of Orphan Works Act and the House report 109-33.)