The Register of Copyrights has recommended that the committee report describe the relationship between this section and the provisions of section 108 relating to reproduction by libraries and archives.  The doctrine of fair use applies to library photocopying, and nothing contained in section 108 “in any way affects the right of fair use.”  No provision of section 108 is intended to take away any rights existing under the fair use doctrine.  To the contrary, section 108 authorizes certain photocopying practices which may not qualify as a fair use.

The criteria of fair use are necessarily set forth in general terms.  In the application of the criteria of fair use to specific photocopying practices of libraries, it is the intent of this legislation to provide an appropriate balancing of the rights of creators, and the needs of users.

3.  Excerpts From Conference Report on Section 107

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==================== The following excerpt is reprinted from the Report of the Conference Committee on the new copyright law (H.R.  Rep.  No. 94-1733, page 70). ============================================================
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FAIR USE

Senate bill

The Senate bill, in section 107, embodied express statutory recognition of the judicial doctrine that the fair use of a copyrighted work is not an infringement of copyright.  It set forth the fair use doctrine, including four criteria for determining its applicability in particular cases, in general terms.

House bill

The House bill amended section 107 in two respects:  in the general statement of the fair use doctrine it added a specific reference to multiple copies for classroom use, and it amplified the statement of the first of the criteria to be used in judging fair use (the purpose and character of the use) by referring to the commercial nature or nonprofit educational purpose of the use.

Conference substitute

The conference substitute adopts the House amendments.  The conferees accept as part of their understanding of fair use the Guidelines for Classroom Copying in Not-for-Profit Educational Institutions with respect to books and periodicals appearing at pp. 68-70 of the House Report (H.  Rept.  No. 94-1476, as corrected at p.  H 10727 of the Congressional Record for September 21, 1976), and for educational uses of music appearing at pp. 70-71 of the House report, as amended in the statement appearing at p.  H 10875 of the Congressional Record of September 22, 1976.  The conferees also endorse the statement concerning the meaning of the word “teacher” in the guidelines for books and periodicals, and the application of fair use in the case of use of television programs within the confines of a nonprofit educational institution for the deaf and hearing impaired, both of which appear on p.  H 10875 of the Congressional Record of September 22, 1976.