cability of the fair use
doctrine to a wide variety of situations involving photocopying or other
reproduction by a library of copyrighted material in its collections,
where the user requests the reproduction for legitimate scholarly or
research purposes.

4. Excerpts From Conference Report

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The following excerpt is reprinted from the Report of the Conference
Committee on the new copyright law (H.R. Rep. No. 94-1733, pages
70-74).
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a. Conference Report: Introductory Discussion of Section 108

REPRODUCTION BY LIBRARIES AND ARCHIVES

Senate bill

Section 108 of the Senate bill dealt with a variety of situations
involving photocopying and other forms of reproduction by libraries and
archives. It specified the conditions under which single copies of
copyrighted material can be noncommercially reproduced and distributed,
but made clear that the privileges of a library or archives under the
section do not apply where the reproduction or distribution is of
multiple copies or is "systematic." Under subsection (f), the section
was not to be construed as limiting the reproduction and distribution,
by a library or archive meeting the basic criteria of the section, of a
limited number of copies and excerpts of an audiovisual news program.

House bill

The House bill amended section 108 to make clear that, in cases
involving interlibrary arrangements for the exchange of photocopies, the
activity would not be considered "systematic" as long as the library or
archives receiving the reproductions for distribution does not do so in
such aggregate quantities as to substitute for a subscription to or
purchase of the work. A new subsection (i) directed the Register of
Copyrights, by the end of 1982 and at five-year intervals thereafter, to
report on the practical success of the section in balancing the various
interests, and to make recommendations for any needed changes. With
respect to audiovisual news programs, the House bill limited the scope
of the distribution privilege confirmed by section 108 (f) (3) to cases
where the distribution takes the form of a loan.

b. Conference Report: Conference Committee Discussion of CONTU
Guidelines on Photocopying and Interlibrary Arrangements

Conference substitute

The conference substitute adopts the provisions of section 1