(3) the reproduction or distribution of the work includes a notice of
copyright that appears on the copy or phonorecord that is reproduced
under the provisions of this section, or includes a legend stating that
the work may be protected by copy-right if no such notice can be found
on the copy or phonorecord that is reproduced under the provisions of
this section.

(b) The rights of reproduction and distribution under this section apply
to three copies or phonorecords of an unpublished work duplicated solely
for purposes of preservation and security or for deposit for research
use in another library or archives of the type described by clause (2)
of subsection (a), if-

(1) the copy or phonorecord reproduced is currently in the collections
of the library or archives; and

(2) any such copy or phonorecord that is reproduced in digital format is
not otherwise distributed in that format and is not made available to
the public in that format outside the premises of the library or
archives.

(c) The right of reproduction under this section applies to three copies
or phonorecords of a published work duplicated solely for the purpose of
replacement of a copy or phonorecord that is damaged, deteriorating,
lost, or stolen, or if the existing format in which the work is stored
has become obsolete, if-

(1) the library or archives has, after a reasonable effort, determined
that an unused replacement cannot be obtained at a fair price; and