The Senate and House Reports differ substantially on this point. The
Senate Report's discussion is reprinted at page 17. above.
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*Multiple copies and systematic reproduction*
Subsection (g) provides that the rights granted by this section extend
only to the "isolated and unrelated reproduction of a single copy or
phonorecord of the same material on separate occasions." However, this
section does not authorize the related or concerted reproduction of
multiple copies or phonorecords of the same material, whether made on
one occasion or over a period of time, and whether intended for
aggregate use by one individual or for separate use by the individual
members of a group.
With respect to material described in subsection (d)--articles or other
contributions to periodicals or collections, and small parts of other
copyrighted works--subsection (g) (2) provides that the exemptions of
section 108 do not apply if the library or archive engages in
"systematic reproduction or distribution of single or multiple copies or
phonorecords." This provision in S.22 provoked a storm of controversy,
centering around the extent to which the restrictions on "systematic"
activities would prevent the continuation and development of
interlibrary networks and other arrangements involving the exchange of
photocopies. After thorough consideration, the Committee amended section
108 (g) (2) to add the following proviso:
Provided, that nothing in this clause prevents a library or archives
from participating in interlibrary arrangements that do not have, as
their purpose or effect, that the library or archives receiving such
copies or phonorecords for distribution does so in such aggregate
quantities as to substitute for a subscription to or purchase of such
work.
In addition, the Committee added a new subsection (i) to section 108,
requiring the Register of Copyrights, five years from the effective date
of the new Act and at five year intervals thereafter, to report to
Congress upon "the extent to which this section has achieved the
intended statutory balancing of the rights of creators, and the needs of
users," and to make appropriate legislative or other recommendations. As
noted in connection with section 107, the Committee also amended section
504(c) in a way that would insulate librarians from unwarranted
liability for copyright infringement; this amendment is d
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