organization would not be authorized to:
(a) use a single subscription or copy to supply its employees with
multiple copies of material relevant to their work; or
(b) use a single subscription or copy to supply its employees, on
request, with single copies of material relevant to their work, where
the arrangement is "systematic" in the sense of deliberately
substituting photocopying for subscription or purchase; or
(c) use "interlibrary loan" arrangements for obtaining photocopies in
such aggregate quantities as to substitute for subscriptions or
purchase of material needed by employees in their work.
Moreover, a library in a profit-making organization could not evade
these obligations by installing reproducing equipment on its premises
for unsupervised use by the organization's staff.
Isolated, spontaneous making of single photocopies by a library in a
for-profit organization, without any systematic effort to substitute
photocopying for subscriptions or purchases, would be covered by section
108, even though the copies are furnished to the employees of the
organization for use in their work. Similarly, for-profit libraries
could participate in interlibrary arrangements for exchange of
photocopies, as long as the reproduction or distribution was not
"systematic." These activities, by themselves, would ordinarily not be
considered "for direct or indirect commercial advantage," since the
"advantage" referred to in this clause must attach to the immediate
commercial motivation behind the reproduction or distribution itself,
rather than to the ultimate profit-making motivation behind the
enterprise in which the library is located. On the other hand, section
108 would not excuse reproduction or distribution if there were a
commercial motive behind the actual making or distributing of the
copies, if multiple copies were made or distributed, or if the
photocopying activities were "systematic" in the sense that their aim
was to substitute for subscriptions or purchases.
c. House Report: Rights of Reproduction and Distribution Under
Section 108
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The following paragraphs are closely similar in the Senate and House
Reports.
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The rights of reproduction and distribution under section 108 apply in
the following circumstances:
*Archival reproductions*
Subsect
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