Libraries and archives have limited exceptions to copyright law for the purposes of serving their patrons. However, for the digital age, the exceptions do not adequately meet the needs of a 21st century library.

For example, to preserve a digital file, such as an electronic book, a copy must be made - something the law does not currently address. The Library of Congress' digital preservation program, formally called the National Digital Information Infrastructure and Preservation Program, is sponsoring a formal study group to address these issues.

Digital technologies are radically transforming how copyrighted works are created and disseminated, and also how libraries and archives preserve and make those works available. Cultural institutions, in carrying forward their missions, have begun to acquire and incorporate large quantities of "born digital" works (those created in digital form) into their holdings to ensure the continuing availability of those works to future generations. Yet it has been observed that Section 108 of the Copyright Act - which provides limited exemptions for libraries and archives - does not adequately address many of the issues unique to digital media, either from the perspective of rights owners or of libraries and archives.