lished in such periodical within
five years prior to the date of the request. These guidelines
specifically shall not apply, directly or indirectly, to any request of
a requesting entity for a copy or copies of an article or articles
published in any issue of a periodical, the publication date of which is
more than five years prior to the date when the request is made. These
guidelines do not define the meaning, with respect to such a request, of
". . . such aggregate quantities as to substitute for a subscription to
[such periodical]".

(b) With respect to any other material described in subsection 108 (d),
(including fiction and poetry), filled requests of a requesting entity
within any calendar year for a total of six or more copies or
phonorecords of or from any given work (including a collective work)
during the entire period when such material shall be protected by
copyright.

2. In the event that a requesting entity--

(a) shall have in force or shall have entered an order for a
subscription to a periodical, or

(b) has within its collection, or shall have entered an order for, a
copy or phonorecord of any other copyrighted work, material from either
category of which it desires to obtain by copy from another library or
archives (the "supplying entity"), because the material to be copied is
not reasonably available for use by the requesting entity itself, then
the fulfillment of such request shall be treated as though the
requesting entity made such copy from its own collection. A library or
archives may request a copy or phonorecord from a supplying entity only
under those circumstances where the requesting entity would have been
able, under the other provisions of section 108, to supply such copy
from materials in its own collection.

3. No request for a copy or phonorecord of any material to which these
guidelines apply may be fulfilled by the supplying entity unless such
request is accompanied by a representation by the requesting entity that
the request was made in conformity with these guidelines.

4. The requesting entity shall maintain records of all requests made by
it for copies or phonorecords of any materials to which these guidelines
apply and shall maintain records of the fulfillment of such requests,
which records shall be retained until the end of the third complete
calendar year after the end of the calendar year in which the respective
request shall have been made.

5. As part of the re