Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/88

72 use in their work. Similarly, for-profit libraries could participate in interlibrary arrangements for exchange of photocopies, as long as the production or distribution was not “systematic.” These activities, by themselves, would ordinarily not be considered “for direct or indirect commercial advantages,” since the “advantage” referred to in this clause must attach to the immediate, commercial motivation behind the reproduction or distribution itself, rather than to the ultimate profit-making motivation behind the enterprise in which the library is located. On the other hand, section 108 would not excuse reproduction or distribution if there were a commercial motive behind the actual making or distributing of the copies, if multiple copies were made or distributed, or if the photocopying activities were “systematic” in the sense that their aim was to substitute for subscriptions or purchases. The House Judiciary Committee’s interpretation was supported by the Conference Committee, which was composed of members of both the House and the Senate. The Conference Committee concluded

The Bottom Line: Libraries affiliated with for-profit organizations may qualify for the library exemption. But all libraries—those in for- and non-profit institutions—must avoid the section 108(g) prohibitions against multiple and systematic copying, discussed below.