t 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."

The National Commission on New Technological Uses of Copyrighted Works
offered its good offices to the House and Senate subcommittees in
bringing the interested parties together to see if agreement could be
reached on what a realistic definition would be of "such aggregate
quantities." The Commission consulted with the parties and suggested the
interpretation which follows, on which there has been substantial
agreement by the principal library, publisher, and author organizations.
The Commission considers the guidelines which follow to be a workable
and fair interpretation of the intent of the proviso portion of
subsection 108(g)(2).

These guidelines are intended to provide guidance in the application of
section 108 to the most frequently encountered interlibrary case: a
library's obtaining from another library, in lieu of interlibrary loan,
copies of articles from relatively recent issues of periodicals--those
published within five years prior to the date of the request. The
guidelines do not specify what aggregate quantity of copies of an
article or articles published in a periodical, the issue date of which
is more than five years prior to the date when the request for the copy
thereof is made, constitutes a substitute for a subscription to such
periodical. The meaning of the proviso to subsection 108(g)(2) in such
case is left to future interpretation.

The point has been made that the present practice on interlibrary loans
and use of photocopies in lieu of loans may be supplemented or even
largely replaced by a system in which one or more agencies or
institutions, public or private, exist for the specific purpose of
providing a central source for photocopies. Of course, these guidelines
would not apply to such a situation.

GUIDELINES FOR THE PROVISO OF SUBSECTION 108 (G)(2)

1. As used in the proviso of subsection 108 (g) (2), the words ". . .
such aggregate quantities as to substitute for a subscription to or
purchase of such work" shall mean:

(a) with respect to any given periodical (as opposed to any given issue
of a periodical), filled requests of a library or archives (a
"requesting entity") within any calendar year for a total of six or more
copies of an article or articles pub