108 is intended to limit the
reproduction and distribution by lending of a limited number of copies
and excerpts of an audio-visual news program. This exemption is intended
to apply to the daily newscasts of the national television networks,
which report the major events of the day. It does not apply to
documentary (except documentary programs involving news reporting as
that term is used in section 107), magazine-format or other public
affairs broadcasts dealing with subjects of general interest to the
viewing public.

The clause was first added to the revision bill in 1974 by the adoption
of an amendment proposed by Senator Baker. It is intended to permit
libraries and archives, subject to the general conditions of this
section, to make off-the-air videotape recordings of daily network
newscasts for limited distribution to scholars and researchers for use
in research purposes. As such, it is an adjunct to the American
Television and Radio Archive established in Section 113 of the Act which
will be the principal repository for television broadcast material,
including news broadcasts. The inclusion of language indicating that
such material may only be distributed by lending by the library or
archive is intended to preclude performance, copying, or sale, whether
or not for profit, by the recipient of a copy of a television broadcast
taped off-the-air pursuant to this clause.

Clause (4), in addition to asserting that nothing contained in section
108 "affects the right of fair use as provided by section 107," also
provides that the right of reproduction granted by this section does
not override any contractual arrangements assumed by a library or
archives when it obtained a work for its collections. For example, if
there is an express contractual prohibition against reproduction for
any purpose, this legislation shall not be construed as justifying a
violation of the contract. This clause is intended to encompass the
situation where an individual makes papers, manuscripts or other works
available to a library with the understanding that they will not be
reproduced.

It is the intent of this legislation that a subsequent unlawful use by a
user of a copy or phonorecord of a work lawfully made by a library,
shall not make the library liable for such improper use.

e. House Report: Discussion of Multiple Copies and Systematic
Reproduction

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