dicals or of small parts of other copyrighted works whether or not
multiple copies are reproduced or distributed. Systematic reproduction
or distribution occurs when a library makes copies of such materials
available to other libraries or to groups of users under formal or
informal arrangements whose purpose or effect is to have the reproducing
library serve as their source of such material. Such systematic
reproduction and distribution, as distinguished from isolated and
unrelated reproduction or distribution, may substitute the copies
reproduced by the source library for subscriptions or reprints or other
copies which the receiving libraries or users might otherwise have
purchased for themselves, from the publisher or the licensed reproducing
agencies.
While it is not possible to formulate specific definitions of
"systematic copying," the following examples serve to illustrate some
of the copying prohibited by subsection (g).
(1) A library with a collection of journals in biology informs other
libraries with similar collections that it will maintain and build its
own collection and will make copies of articles from these journals
available to them and their patrons on request. Accordingly, the other
libraries discontinue or refrain from purchasing subscriptions to these
journals and fulfill their patrons' requests for articles by obtaining
photocopies from the source library.
(2) A research center employing a number of scientists and technicians
subscribes to one or two copies of needed periodicals. By reproducing
photocopies of articles the center is able to make the material in
these periodicals available to its staff in the same manner which
otherwise would have required multiple subscriptions.
(3) Several branches of a library system agree that one branch will
subscribe to particular journals in lieu of each branch purchasing its
own subscriptions, and the one subscribing branch will reproduce copies
of articles from the publication for users of the other branches.
The committee believes that section 108 provides an appropriate
statutory balancing of the rights of creators and the needs of users.
However, neither a statute nor legislative history can specify precisely
which library photocopying practices constitute the making of "single
copies" as distinguished from "systematic reproduction." Isolated single
spontaneous requests must be distinguished from "systematic
reproduction." The photocopying needs
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