Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/111

Chapter Five. The Library Exemption (Section 108) issue, or she may be able to make a copy under section 108(d). If the article is available online, she can send a link. Here copyright isn’t implicated because Mary didn’t make a copy. But if the library accesses the digital copy under a license, forwarding it must not be prohibited under the contract. Example 2

Mary is on a listserv and receives an e-mail message about the insurance bad faith article. The message has a link to the article, which the author posted on the Web.

Example 3

Mary presents continuing education workshops for several different library and education associations each year. She wants to give every attendee a packet of materials that includes several copyrighted articles.

Systematic Copying or Distribution (Section 108(g)(2))

Section 108(g)(2) is a bit different from (g)(1). Subsection (g)(1) addresses related and concerted copying of the same copyrighted work. Subsection (g)(2) paints with a broader brush. It prohibits the systematic making of multiple copies, and in some cases even single copies, of articles or short excerpts from the same publication. Here is the precise language. The rights of reproduction and distribution under this section … do not extend to cases where the library or archives, or its employee—

(2) engages in the systematic reproduction or distribution of single or multiple copies or phonorecords of material described in subsection (d): Provided, That nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their