08 as
amended by the House bill. In doing so, the conferees have noted two
letters dated September 22, 1976, sent respectively to John L.
McClellan, Chairman of the Senate Judiciary Subcommittee on Patents,
Trademarks, and Copyrights, and to Robert W. Kastenmeier, Chairman of
the House Judiciary Subcommittee on Courts, Civil Liberties, and the
Administration of Justice. The letters, from the Chairman of the
National Commission on New Technological Uses of Copyrighted Works
(CONTU), Stanley H. Fuld, transmitted a document consisting of
"guidelines interpreting the provision in subsection 108 (g) (2) of S.
22, as approved by the House Committee on the Judiciary." Chairman
Fuld's letters explain that, following lengthy consultations with the
parties concerned, the Commission adopted these guidelines as fair and
workable and with the hope that the conferees on S. 22 may find that
they merit inclusion in the conference report. The letters add that,
although time did not permit securing signatures of the representatives
of the principal library organizations or of the organizations
representing publishers and authors on these guidelines, the Commission
had received oral assurances from these representatives that the
guidelines are acceptable to their organizations.

The conference committee understands that the guidelines are not
intended as, and cannot be considered, explicit rules or directions
governing any and all cases, now or in the future. It is recognized that
their purpose is to provide guidance in the most commonly-encountered
interlibrary photocopying situations, that they are not intended to be
limiting or determinative in themselves or with respect to other
situations, and that they deal with an evolving situation that will
undoubtedly require their continuous reevaluation and adjustment. With
these qualifications, the conference committee agrees that the
guidelines are a reasonable interpretation of the proviso of section 108
(g) (2) in the most common situations to which they apply today.

c. Conference Report: Reprint of CONTU Guidelines on Photocopying and
Interlibrary Arrangements

The text of the guidelines follows:

PHOTOCOPYING--INTERLIBRARY ARRANGEMENTS INTRODUCTION

Subsection 108(g)(2) of the bill deals, among other things, with limits
on interlibrary arrangements for photocopying. It prohibits systematic
photocopying of copyrighted materials but permits interlibrary
arrangements "that do no