Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/112

96 purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate copies as to substitute for a subscription to or purchase of such work. Subsection (g)(2) addresses copying for library users, and also copying between libraries. It expressly permits library-to-library copying, but there are limits. The big question: When is library copying systematic? A long, long time ago, the Register of Copyrights wrote that

The Register did offer this helpful advice: “the extent to which library photocopying services are large-scale operations, with full time photocopying staff, advertisements soliciting patronage, and consistently substantial output, bear directly on the extent to which such services are ‘systematic.’” The typical library (if one exists) photocopies or scans documents—mostly journal articles—for other libraries, and occasionally for the commercial sector. Other libraries offer extensive document delivery services that may operate as a separate division within their institution (typically a university library), with their own budget and staff. The latter arrangement is closer to what the Register of Copyrights warned about and may not fall under the section 108 exemption or qualify as a fair use. Libraries that do engage in “systematic” copying or distribution need to get permission or pay royalties.

The Senate Judiciary Committee offered specific examples of what it considered systematic copying. Do not take these as gospel; the Senate Committee was more conservative than the House Committee with regard to library copying. That said, here are the Senate Committee’s examples, and our comments.