Interpreting 17, 108 (a)

IANAL, and I must say that when reading bits of law I often feel like I've been given a really difficult "diagram this sentence" task. So I'm never quite sure of my understanding of what the text of laws means. Lately I've been spending a fair amount of time on section 108 of the copyright law because of how it affects library digitization projects. I've come to understand, with help from friends, that (b) of that section will allow a library to make 3 copies of unpublished works for preservation purposes and to guard against loss of the otherwise unreplaceable original; and that (c) of that section allows a library to make 3 copies of published works if their copy has become unusable and reasonable replacement copies cannot be found. Under both (b) and (c), the library can only provide access to these copies within the library premises. Although there are many questions about what "3 copies" and "library premises" mean in our digital age, the intention of these two clauses (subsections?) seems clear.

Things are less clear when I read 108 (a), which begins:

"(a) Except as otherwise provided in this title and notwithstanding the
provisions of section 106,
<http://www.copyright.gov/title17/92chap1.html#106> it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, except as provided in subsections (b) and (c), or to distribute such copy or phonorecord, under the conditions specified by this section, if — "

The "if" clauses primarily have to do with being a bona fide non-profit library, and don't make any particular limitation on the distribution of the copy.

I can't help but read this as saying that a bona fide non-profit library can make one copy of any item in their collection, and can distribute that copy as they see fit. But this 1) doesn't seem right, because it would mean that every library could copy everything in the library, regardless of the availability of those items in the market, essentially doubling their collections without benefitting publishers 2) isn't what libraries are doing nor how they are interpreting 108; the library interpretation follows (b) and (c), but no one mentions the "one copy, no restrictions" clause.

So where have I gone wrong? What devilish twist in the language of 108 have I missed that would set me right? Is the clue in 108 (a)(1):

"(1) the reproduction or distribution is made without any purpose of
direct or indirect commercial advantage;"

Thanks for your help.

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Karen Coyle / Digital Library Consultant
kcoyle@kcoyle.net http://www.kcoyle.net
ph.: 510-540-7596
fx.: 510-848-3913
mo.: 510-435-8234
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