ation.

*Out-of-print works*

Subsection (e) authorizes the reproduction and distribution of a copy or
phonorecord of an entire work under certain circumstances, if it has
been established that a copy cannot be obtained at a fair price. The
copy may be made by the library where the user makes his request or by
another library pursuant to an interlibrary loan. The scope and nature
of a reasonable investigation to determine that an unused copy cannot be
obtained will vary according to the circumstances of a particular
situation. It will always require recourse to commonly-known trade
sources in the United States, and in the normal situation also to the
publisher or other copyright owner (if the owner can be located at the
address listed in the copyright registration), or an authorized
reproducing service. It is further required that the copy become the
property of the user, that the library or archives have no notice that
the copy would be used for any purpose other than private study,
scholarship, or research, and that the library or archives display
prominently at the place where reproduction requests are accepted, and
include on its order form, a warning of copyright in accordance with
requirements that the Register of Copyrights shall prescribe by
regulation.

d. House Report: General Exemptions for Libraries and Archives

===================================================================
Parts of the following paragraphs are substantially similar in the
Senate and House Reports. Differences in the House Report on certain
points reflect certain amendments in section 108(f) and elsewhere
in the Copyright Act.
===================================================================

*General exemptions*

Clause (1) of subsection (f) specifically exempts a library or archives
or its employees from liability for the unsupervised use of reproducing
equipment located on its premises, provided that the reproducing
equipment displays a notice that the making of a copy may be subject to
the copyright law. Clause (2) of subsection (f) makes clear that this
exemption of the library or archives does not extend to the person using
such equipment or requesting such copy if the use exceeds fair use.
Insofar as such person is concerned the copy or phonorecord made is not
considered "lawfully" made for purposes of sections 109, 110 or other
provisions of the title.

Clause (3) provides that nothing in section