“Beam Me a Book, Scotty” Virtual Access Rooms under Section 108 of the Copyright Act

Abstract

Many library and archive reading rooms mandate in-person visits, but this requirement often restricts access rather than enhancing it. Such limitations can be viewed as ableist, classist, and fundamentally at odds with the purpose of copyright, which is to “promote the progress of science and useful arts.” Libraries have historically been at the forefront of providing new modes of access by adopting new technologies to facilitate broader and easier access to preserved works. Unfortunately, these efforts have been hindered by restrictive interpretations of the rights granted to libraries under Section 108 of the Copyright Act—specifically, the notion that providing access to preserved works in digital formats violates the Act. This interpretation is unfounded. This paper launches the concept of Virtual Access Rooms (VARs) that are not only permissible under a proper reading of Section 108 but are also essential to the modern library’s mission. Knowledge should not be confined to physical spaces, and access to preserved works should not be contingent upon a patron's ability to visit such spaces. There is no legitimate basis for denying access to these works through physical location requirements. The solution offered in this paper is both straightforward and aligned with an accurate reading of the language of the section. It requires no amendments or updates. The language Congress chose in drafting Section 108 in the Copyright Act empowers libraries and archives to provide remote access to their collections via VARs because: (1) libraries and archives do not make digital works “available to the public” when they enable regulated, mitigated access for researchers and other approved patrons; and (2) in offering remote access, libraries and archives do not make such works available “outside the premises” of their institutions.