libraries and archives.
(a) Notwithstanding the provisions of section 106, it is not an
infringement of copyright for a library or archives, or any of its
employees acting within the scope of their employment, to reproduce no
more than one copy or phonorecord of a work, or to distribute such copy
or phonorecord, under the conditions specified by this section, if--
(1) the reproduction or distribution is made without any purpose of
direct or indirect commercial advantage;
(2) the collections of the library or archives are
(i) open to the public, or
(ii) available not only to researchers affiliated with the library or
archives or with the institution of which it is a part, but also to
other persons doing research in a specialized field; and
(3) the reproduction or distribution of the work includes a notice of
copyright.
(b) The rights of reproduction and distribution under this section
apply to a copy or phonorecord of any unpublished work duplicated in
facsimile form solely for purposes of preservation and security or for
deposit for research use in another library or archives of the type
described by clause (2) of subsection (a), if the copy or phonorecord
reproduced is currently in the collections of the library or archives.
(c) The right of reproduction under this section applies to a copy or
phonorecord of a published work duplicated in facsimile form solely for
the purpose of replacement of a copy or phonorecord that is damaged,
deteriorating, lost, or stolen, if the library or archives has, after a
reasonable effort, determined that an unused replacement cannot be
obtained at a fair price.
(d) The rights of reproduction and distribution under this section
apply to a copy, made from the collection of a library or archives
where the user makes his or her request or from that of another library
or archives, of no more than one article or other contribution to a
copyrighted collection or periodical issue, or to a copy or phonorecord
of a small part of any other copyrighted work if--
(1) the copy or phonorecord becomes the property of the user, and the
library or archives has had no notice that the copy or phonorecord
would be used for any purpose other than private study, scholarship, or
research; and
(2) the library or archives displays prominently, at the place where
orders are accepted, and includes on its order form, a warning of
copyright in accordance with requirements that the Register of
Copyrights shall prescribe by regulation.
(e) The rights of reproduction and distribution under this section
apply to the entire work, or to a substantial part of it, made from the
collection of a library or archives where the user makes his or her
request or from that of another library or archives, if the library or
archives has first determined, on the basis of a reasonable
investigation, that a copy or phonorecord of the copyrighted work
cannot be obtained at a pair (sic) prices, if--
(1) the copy or phonorecord becomes the property of the user, and the
library or archives has had no notice that the copy or phonorecord
would be used for any purpose other than private study, scholarship, or
research; and
(2) the library or archives displays prominently, at the place where
orders are accepted, and includes on its order form, a warning of
copyright in accordance with requirements that the Register of
Copyrights shall prescribe by regulation.
(f) Nothing in this section--
(1) shall be construed to impose liability for copyright infringement
upon a library or archives or its employees for the unsupervised use of
reproducing equipment located on its premises: Provided, That such
equipment displays a notice that the making of a copy may be subject to
the copyright law;
(2) excuses a person who uses such reproducing equipment or who
requests a copy or phonorecord under subsection (d) from liability for
copyright infringement for any such act, or for any later use of such
copy or phonorecord, if it exceeds fair use as provided by section 107;
(3) shall be construed to limit the reproduction and distribution by
lending of a limited number of copies and excerpts by a library or
archives of an audiovisual new program, subject to clauses (1), (2),
and (3) of subsection (a); or
(4) in any way affects the rights of fair use as provided by section
107, or any contractual obligations assumed at any time by the library
or archives when it obtained a copy or phonorecord of a work in its
collections.
(g) The rights of reproduction and distribution under this section
extend to the isolated and unrelated reproduction or distribution of a
single copy or phonorecord of the same material on separate occasions,
but do not extend to cases where the library or archives, or its
employee--
(1) is aware or has substantial reason to believe that it is engaging
in the related or concerted reproduction or distribution 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 or more individuals or for separate use by the individual
members of a group; or
(2) engages in the systematic reproduction or distribution of single or
multiple copies or phonorecords of material described in subsection
(d): Provided, That nothing in this cause 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.
(h) The rights of reproduction and distribution under the 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, except that no such limitation shall apply with
respect to right granted by subsections (b) and (c), or with respect 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).
(i) Five years from the effective date of this Act, and at five-year
intervals thereafter, the Register of Copyrights, after consulting with
representatives of authors, book and periodical publishers, and other
owners of copyrighted materials, and with representatives of library
users and librarians, shall submit to the Congress a report setting
forth the extent to which this section has achieved the intended
statutory balancing of the rights of creators, and the needs of users.
The report should also describe any problems that may have arisen, and
present legislative or other recommendations, if warranted.