of such operations as multi-county
regional systems must be met. The committee therefore recommends that
representatives of authors, book and periodical publishers and other
owners of copyrighted material meet with the library community to
formulate photocopying guidelines to assist library patrons and
employees. Concerning library photocopying practices not authorized by
this legislation, the committee recommends that workable clearance and
licensing procedures be developed.

It is still uncertain how far a library may go under the Copyright Act
of 1909 in supplying a photocopy of copyrighted material in its
collection. The recent case of The Williams and Wilkins Company v. The
United States failed to significantly illuminate the application of the
fair use doctrine to library photocopying practices. Indeed, the opinion
of the Court of Claims said the Court was engaged in "a 'holding
Operation' in the interim period before Congress enacted its preferred
solution."

While the several opinions in the Wilkins case have given the Congress
little guidance as to the current state of the law on fair use, these
opinions provide additional support for the balanced resolution of the
photocopying issue adopted by the Senate last year in S. 1361 and
preserved in section 108 of this legislation. As the Court of Claims
opinion succinctly stated "there is much to be said on all sides."

In adopting these provisions on library photocopying, the committee is
aware that through such programs as those of the National Commission on
Libraries and Information Science there will be a significant evolution
in the functioning and services of libraries. To consider the possible
need for changes in copyright law and procedures as a result of new
technology, a National Commission on New Technological Uses of
Copyrighted Works has been established (Public Law 93-573).

3. Excerpts From House Report on Section 108

====================================================================
The following excerpts are reprinted from the House Report on the
new copyright law (H.R. Rep. No. 94-1476, pages 74-79). All of the
House Report's discussion of section 108 is reprinted here;
similarities and differences between the House and Senate Reports on
particular points will be noted below.
====================================================================

a. House Report: Introductory Statement

====================