iscussed below.

The key phrases in the Committee's amendment of section 108(g) (2) are
"aggregate quantities" and "substitute for a subscription to or purchase
of" a work. To be implemented effectively in practice, these provisions
will require the development and implementation of more-or-less specific
guidelines establishing criteria to govern various situations. The
National Commission on New Technological Uses of Copyrighted Works
(CONTU) offered to provide good offices in helping to develop these
guidelines. This offer was accepted and, although the final text of
guidelines has not yet been achieved, the Committee has reason to hope
that, within the next month, some agreement can be reached on an initial
set of guidelines covering practices under section 108(g)(2).

f. House Report: Discussion of Works Excluded

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The House Report's discussion of section 108(h) is longer than the
corresponding paragraph in the Senate Report, and reflects certain
amendments in the subsection.
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*Works excluded*

Subsection (h) provides that the rights of reproduction and distribution
under this section do not apply to a musical work, a pictorial, graphic
or sculptural work, or a motion picture or other audiovisual work other
than "an audiovisual work dealing with news." The latter term is
intended as the equivalent in meaning of the phrase "audio-visual news
program" in section 108 (f) (3). The exclusions under subsection (h) do
not apply to archival reproduction under subsection (b), to replacement
of damaged or lost copies or phonorecords under subsection (c), or to
"pictorial or graphic works published as illustrations, diagrams, or
similar adjuncts to works of which copies are reproduced or distributed
in accordance with subsections (d) and (e)."

Although subsection (h) generally removes musical, graphic, and
audiovisual works from the specific exemptions of section 108, it is
important to recognize that the doctrine of fair use under section 107
remains fully applicable to the photocopying or other reproduction of
such works. In the case of music, for example, it would be fair use for
a scholar doing musicological research to have a library supply a copy
of a portion of a score or to reproduce portions of a phonorecord of a
work. Nothing in section 108 impairs the appli