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Coalition for Networked Information Information Policies: A Compilation of Position Statements, Principles, Statutes, and Other Pertinent Statements
CONTU (National Commission on New Technological Uses of Copyright Works)
Source: Final Report of the National Commission on New Technological Uses of Copyrighted Works, July 31, 1978, Library of Congress, Washington, DC, 1979, pages 54-55.
CONTU Guidelines on Photocopying under Interlibrary Loan Arrangements
The CONTU guidelines were developed to assist librarians and copyright proprietors in understanding the amount of photocopying for use in interlibrary loan arrangements permitted under the copyright law. In the spring of 1976 there was realistic expectation that a new copyright law, under consideration for nearly twenty years, would be enacted during that session of Congress. It had become apparent that the House subcommittee was giving serious consideration to modifying the language concerning "systematic reproduction" by libraries in Section 108(g)(2) of the Senate-passed bill to permit photocopying under interlibrary arrangements, unless such arrangements resulted in the borrowing libraries obtaining "such aggregate quantities as to substitute for a subscription to or purchase of" copyrighted works.
The Commission discussed this proposed amendment to the Senate bill at its meeting on April 2, 1976. Pursuant to a request made at that meeting by the Register of Copyrights, serving in her ex officio role, the Commission agreed that it might aid the House and Senate subcommittees by offering its good offices in bringing the principal parties together to see whether agreement could be reached on a definition of "such aggregate quantities." This offer was accepted by the House and Senate subcommittees and the interested parties, and much of the summer of 1976 was spent by the Commission in working with the parties to secure agreement on "guidelines" interpreting what was to become the proviso in Section 108(g)(2) relating to "systematic reproduction" by libraries. The pertinent parts of that section, with the proviso added by the House emphasized, follow:
(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...

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