REPRODUCTION OF LIBRARIES AND ARCHIVES.

SEC. 104. REPRODUCTION OF LIBRARIES AND ARCHIVES. Sections 203(a)(2) and 304(c)(2) of title 17, United States Code, are each amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: “(h)(1) For purposes of this section, during the last 20 years of any term of copyright of a published work, a library or archives, including a nonprofit educational institution that functions as such, may reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work, or portions thereof, for purposes of preservation, scholarship, or research, if such library or archives has first determined, on the basis of a reasonable investigation, that none of the conditions set forth in subparagraphs (A), (B), and (C) of paragraph (2) apply. “(2) No reproduction, distribution, display, or performance is authorized under this subsection if— “(A) the work is subject to normal commercial exploitation; “(B) a copy or phonorecord of the work can be obtained at a reasonable price; or “(C) the copyright owner or its agent provides notice pursuant to regulations promulgated by the Register of Copyrights that either of the conditions set forth in subparagraphs (A) and (B) applies. “(3) The exemption provided in this subsection does not apply to any subsequent uses by users other than such library or archives.”.