The CONTU Guidelines
5.8. Section 108(g)(2)
The CONTU Guidelines
- Journal published within last five years
- Maximum of five articles from same title in one year
- Exceptions:
- issue is missing
- journal is on order
- Attestation by requesting library
- Maintain three years of “borrowing” records
After writing that section 108 struck the appropriate balance between the rights of creators and the needs of users, the Senate Judiciary Committee continued:
However, neither a statute nor legislative history can specify precisely which library photocopying practices constitute the making of “single copies” as distinguished from “systematic reproduction.” Isolated single spontaneous requests must be distinguished from “systematic reproduction.” The photocopying needs of such operations as multi-county regional systems must be met. The committee therefore recommends that representatives of authors, book and periodical publishers and other owners of copyrighted material meet with the library community to formulate photocopying guidelines to assist library patrons and employees.[1]
The House Judiciary Committee’s Report, submitted nine months after the Senate Report, noted the “storm of controversy” provoked by the addition of subsection (g)(2) proscribing the “systematic reproduction or distribution of single or multiple copies or phonorecords,” and that 108(g)(2) was then amended to include the proviso “that nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase
- ↑ Id. at 70–71.
