Page:H. Rept. No. 94-1733 (1976).djvu/73

  In the event that a requesting entity−  No request for a copy or phonorecord of any material to which these guidelines apply may be fulfilled by the supplying entity unless such request is accompanied by a representation by the requesting entity that the request was made in conformity with these guidelines.  The requesting entity shall maintain records of all requests made by it for copies or phonorecords of any materials to which these guidelines apply and shall maintain records of the fulfillment of such requests, which records shall be retained until the end of the third complete calendar year after the end of the calendar year in which the respective request shall have been made.  As part of the review provided for in subsection 108(i), these guidelines shall be reviewed not later than five years from the effective date of this bill.</LI></OL>

The conference committee is aware that an issue has arisen as to the meaning of the phrase ‘‘audiovisual news program’’ in section 108 (f) (3). The conferees believe that, under the provision as adopted in the conference substitute, a library or archives qualifying under section 108(a) would be free, without regard to the archival activities of the Library of Congress or any other organization, to reproduce, on videotape or any other medium of fixation or reproduction, local, regional, or network newscasts, interviews concerning current news events, and on-the-spot coverage of news events, and to distribute a limited number of reproductions of such a program on a loan basis.

Another point of interpretation involves the meaning of ‘‘indirect commercial advantage,’’ as used in section 108(a) (1), in the case of