This user’s guide explains Section 108 of the U.S. Copyright Act in the context of software collections in libraries and archives.
Like fair use, Section 108 of the U.S. Copyright Act provides important rights for libraries and archives engaged in software preservation. Unlike fair use, which is broad and flexible, Section 108 applies only to specific uses by qualified libraries and archives. Section 108 provides a helpful baseline, which is then augmented by fair use. In the places where it applies, Section 108 provides helpful certainty.