libraries or archival collections within industrial, profit-making, or proprietary institutions. As long as the library or archives meets the criteria in section 108(a) and the other requirements of the section, including the prohibitions against multiple and systematic copying in subsection (g), the conferees consider that the isolated, spontaneous making of single photocopies by a library or archives in a for-profit organization without any commercial motivation, or participation by such a library or archives in interlibrary arrangements, would come within the scope of section 108.
limitations on rights of performance and display
Senate bill
Section 110 of the Senate bill set forth eight specific exceptions to the exclusive rights to perform and display copyrighted works. The first four exceptions were roughly the equivalent of the ‘‘for profit’’ limitations on performing rights under the present law. Section 110(5) provided an exemption for public communication of a transmission received on an ordinary receiving set unless a direct charge is made or the transmission ‘‘is further transmitted to the public.’’ Section 110(6) exempted performances of nondramatic music at nonprofit annual agricultural or horticultural fairs, and section 110(7) dealt with performances in connection with the retail sale of copies or records of musical works. Clause (8) of section 110 provided an exemption for performances of literary works ‘‘in the course of a broadcast service specifically designed for broadcast on noncommercial educational radio and television stations to a print or aural handicapped audience,’’ but did not contain, in section 112 or elsewhere, a provision allowing the making of copies or phonorecords for the purpose of such broadcasts to the blind or deaf.
House bill
The House bill amended the last four clauses of section 110. With respect to clause (5), it made the exemption inapplicable to cases where there is a further transmission ‘‘beyond the place where the receiving apparatus is located.’’ Clause (6) was amended to make the exemption applicable only to the governmental body or nonprofit organization sponsoring the fair, and the amendment of clause (7) was merely for purposes of clarification. The House bill amended clause (8) by limiting its application to nondramatic literary works, by clarifying the audiences to which the transmissions are directed, and by more narrowly defining the types of nonprofit transmissions within the exemptions. The House bill also added a new subsection (d) to section 112 to permit the making of ten recordings of performances exempted under section 110(8), their retention for an unlimited period, and their exchange with other nonprofit organizations.
Conference substitute
The conference substitute adopts the House amendments of clauses (6), (7), and (8) of section 110, and of section 112. It adds a new clause (9) to section 110 exempting nonprofit performances of dramatic works transmitted to audiences of the blind by radio subcarrier
