These are the four “Fair Use” criteria. These alone were not adequate to guide teachers, and I am sure the gentleman from Kansas (Mr. SKUBITZ) understands that as a schoolteacher himself.
Therefore, the educators, the proprietors, and the publishers of educational materials did, at the committee’s long insistence, get together. While there were many fruitless meetings, they did finally get together.
Mr. Chairman, I will draw the gentleman’s attention to pages 65 through 74 in the report which contain extensive guidelines for teachers. I am very happy to say that there was an agreement reached between teachers and publishers of educational material, and that today the National Education Association supports the bill, and it has, in fact, sent a telegram which at the appropriate time I will make a part of the RECORD and which requests support for the bill in its present form, believing that it has satisfied the needs of the teachers:
*** NATIONAL EDUCATION ASSOCIATION, Washington, D.C., September 10, 1976.
National Education Association urgently requests your support of the Copyright Revision bill, H.R. 2223, as reported by the Judiciary Committee. This compromise effort represents a major breakthrough in establishing equitable legal guidelines for the use of copyright materials for instructional and research purposes. We ask your support of the committee bill without amendments.
JAMES W. GREEN,
Assistant Director for Legislation.
***
Mr. SKUBITZ. Mr. Chairman, if the gentleman will yield further, then the NEA is satisfied with the language in the bill as it now stands; is that correct?
Mr. KASTENMEIER. The gentleman is correct.
Mr. SKUBlTZ. Mr. Chairman, I thank the gentleman.
----------------------------------------- D. REPRODUCTION BY LIBRARIES AND ARCHIVES -----------------------------------------
1. Text of Section 108
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Section 108. Limitations on exclusive rights:
Reproduction by libraries and archives
(a) Notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, or to distribute such copy or phonorecord, under the conditions specified by this section, if—
(1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage;
(2) the collections of the library or archives are (i) open to the public, or (ii) available not only to researchers affiliated with the library or archives or with the institution of which it is a part, but also to other persons doing research in a specialized field; and