1. Student Statement on The Right to Research
Scholarly knowledge is part of the common wealth of humanity.
Unfortunately, not everyone has access to the scholarly literature, despite
advances in communications technology. The high cost of academic
journals restricts access to knowledge; in some fields, prices can reach
$20,000 for a single journal subscription1 or $30 for an individual article.2
Despite these high prices, authors of scholarly articles are not paid for
their work. The profits from these publications go solely to the publishers
of the journals. A vast amount of research is funded from public sources –
yet taxpayers are locked out by the cost of access.
Learning and inquiry are impeded when scholars lack access to fellow
researchers’ work, and when students lack access to the work of scholars
before them.
At the same time, digital technologies have opened new opportunities for
research. New tools facilitate faster discoveries, speed the development of
new technologies, and accelerate the progress of science. Patients could
have access to the latest medical research, citizens could evaluate
scientific information on environmental impacts, and developing countries
could apply the most recent scholarship to public health and development
efforts.3 But access barriers leave these opportunities under-explored.
Open Access is an alternative to the traditional closed, subscription-
access system of scholarly communication. Open Access makes the
results of scholarly research available online for free, immediately upon
publication, and removes barriers for scholarly and educational re-use.4
Entire journals can be open-access, or an author can provide Open
Access to an individual article by posting a copy on an openly accessible
Web site. All forms of open-access publication depend on rigorous
methods of quality control, including peer review.
Open Access has achieved remarkable success to date: more than 4,000
open-access journals are published today;5 millions of articles are made
available via open-access repositories;6 and dozens of policies from
universities and research funders support Open Access;7 but still more
needs to be done.
We, the undersigned student organizations, hereby endorse Open Access
as the preferred model for scholarly communication, because:
(a) Open Access improves the educational experience. All students,
regardless of their institution’s ability to afford subscriptions, should have

2. access to the full scholarly record, whether for assigned reading, research
for a term paper, or literature review for a dissertation.
(b) Open Access democratizes access to research. Students from
around the world should have full access to the scholarly literature, along
with patients looking for medical information and citizens seeking to learn
about the environment or other scientific topics.
(c) Open Access advances research. Open Access helps researchers
be more productive by facilitating access to the latest studies. Open
Access also enables new techniques for computer-assisted research,
paving the way for scientific advancements.
(d) Open Access improves the visibility and impact of scholarship.
Today’s student is tomorrow’s scholar. Recent studies suggest that Open
Access articles are downloaded and cited more frequently than articles
that are accessible only through subscription.8 Open Access fulfills
researchers’ professional responsibility to maximize the impact of their
research.
We hereby:
Call upon UNIVERSITIES to support Open Access
We believe universities should adopt policies that ensure Open Access to
their faculty’s research, such as the policies adopted at Harvard
University9 and Stanford University.10
Call upon GOVERNMENTS AND RESEARCH FUNDERS to support
Open Access
We believe research agencies should adopt policies that ensure Open
Access to publicly funded research, such as that of the National Institutes
of Health11 and the Canadian Institutes of Health Research.12
We believe charitable funders likewise should adopt policies that ensure
Open Access to their funded research, such as that of Autism Speaks13
and the Canadian Cancer Society.14
Call upon RESEARCHERS to support Open Access
We believe researchers should publish in Open Access journals, and/or
deposit their peer-reviewed manuscripts in Open Access repositories.15
Commit to support Open Access in our activities

3. Copyright (c) 2009 The Trustees of Columbia University in the City of New York
The Columbia Journal of Law & the Arts
Winter, 2009
32 Colum. J.L. & Arts 193
LENGTH: 7579 words
ARTICLE: A LAY PERSPECTIVE ON THE COPYRIGHT WARS: A REPORT FROM THE
TRENCHES OF THE SECTION 108 STUDY GROUP HORACE S. MANGES LECTURE:
APRIL 1, 2008
NAME: James G. Neal*
BIO: * Vice President for Information Services and University Librarian, Columbia University.
[...]
The 108 Study Group was convened in April 2005 under the auspices of the [*199] Library of
Congress National Digital Information and Infrastructure and Preservation Program (NDIIPP) and
the U.S. Copyright Office. n19 It was charged with studying how the exceptions and limitations
for libraries and archives codified in section 108 may need to be changed due to the impact of
digital technologies and in response to developments in practices since section 108 was introduced
in the 1976 Copyright Act. n20 (Neal, pg 198).
[...]
It was agreed that libraries, archives and museums (LAMs) should be authorized to outsource to
contractors some of the [*202] activities performed under section 108 exceptions, as long as
certain requirements are imposed on the outsourcing company by contract. n32 The three copy
limit for replacement purposes should change to a limited number of copies based on what is
reasonably necessary, reflecting the realities of working with digital technologies. n33 "Fragile"
should be added as a condition for replacement, recognizing that some mediums are easily
destroyed and cannot be handled without risk. n34 The requirement of investigation of new copy
availability in the market for replacement should be mitigated by requiring only that it be a usable
copy at a fair price, and in some cases this can be a licensed copy. n35 The Study Group supported
an ability to lend a digital replacement copy of a work offsite in the same physical digital medium,
assuming appropriate technological protection measures. n36 The preservation of unpublished
works was actively debated, and similar agreement was reached as to the handling of both analog
and digital works to have a reasonable number of copies for preservation and security purposes,
for deposit in other institutions, and for off-site lending. n37
Perhaps the most important new provisions address the preservation of publicly disseminated
works and the preservation of publicly available online content, i.e. web sites and web documents.
It was agreed that an exception should be added to permit qualifying LAMs to make copies to
create and maintain a preservation copy of any at-risk published or other publicly disseminated
work in the collections. n38 These issues were extensively debated, including such details as
access to the preservation copies; the characteristics and qualities of the LAM qualifications,
including
level of ability to control access to the preservation copies; and an open and transparent auditing
process. Similarly, it was agreed that an exception should be added to permit qualifying LAMs to
"capture and reproduce publicly available online content for preservation purposes." n39 Again,
issues were actively raised, including the definition of "publicly available," on premises versus

4. remote access, the ability of rights holders to opt out, the handling of government and
political websites, and labeling of the archived copy. An important provision was proposed to
allow the transmission of television news by streaming to other section 108 eligible LAMs. n40
The Study Group also recommended that LAMs be relieved of liability for use of unsupervised
reproducing equipment by users if they post notices in public areas stating that the making of a
copy may be subject to penalties under copyright law. n41
[...]
As I reflect on my twenty years of involvement in the library offensive on copyright, during which
my combative posture has waxed and waned, I wonder if we did justice to the opportunity
presented by the section 108 Study Group. Were we bold enough? Did we miss the opportunity to
rethink the nature and purposes of exceptions? Or did we retreat into impotent models and
structures, and the comfort of disagreeing camps and trite propaganda? Will Rogers once
noted, "Every war has been preceded by a peace conference. That's what always starts the new
war." n53 The section 108 Study Group was born in wisdom and inspiration, but may have passed
over to process and politics. Now we can recognize the opportunity it presents to fight with a new
vision for copyright law and to re-strike its balance in favor of the public interest. (Neal, pg 193).

5. VIEWPOINT
The flavors of open access
Sha Li Zhang
University Libraries, The University of North Carolina at Greensboro,
Greensboro, North Carolina, USA
Abstract
Purpose – The purpose of this paper is to present various aspects of open access that are being
discussed and debated in recent years.
Design/methodology/approach – The paper briefly reviews the flavors such as open access
definitions, open access initiatives, platforms for open access, and players in the open access
movement.
Findings – The paper finds that, while the debates on open access continue, there is no doubt that
librarians can play an important role to help achieve faster and wider dissemination of research
discoveries and new knowledge of which they have been disseminators and keepers for centuries.
Originality/value – The article may help readers further their understanding of the complexity of
open access and raise awareness on some of the key points.
Keywords Financing, Communications, Educational research, Publishing
Paper type Viewpoint
Debates and discussions of open access (OA) have received increasing attention in the
academic, scholarly research, and publishing communities in the United States and
around the globe. Though the concept of open access itself is still evolving, there are
many aspects of the discussions. This paper briefly reviews some of these centered
around open access that may help further understanding the complexity of the open
access concept.
Open access definitions
There are numerous definitions and interpretations of open access. The 2002 Budapest
Open Access Initiative’s definition on open access is quite comprehensive:
Free availability on the public internet, permitting any users to read, download, copy,
distribute, print, search, or link to the full texts of these articles, crawl them for indexing, pass
them as data to software, or use them for any other lawful purpose, without financial, legal, or
technical barriers other than those inseparable from gaining access to the internet itself
(Budapest Open Access Initiative, 2002).
Another definition of open access from the Association of Research Libraries (ARL) in
the United States refers to “any dissemination models created with no expectation of
direct monetary return and which makes works available online at no cost to the
readers” (ARL, 2007). There are other similar definitions. Two examples are the
Bethesda Statement on Open Access Publishing (2003) and the Berlin Declaration on
Open Access to Knowledge in the Sciences and Humanities (2003). In essence, most
open access proponents agreed that scholarly literature should be freely available
online (Suber, 2003). To make it more inclusive, Lynch (2006, p. 5) defines open access
The current issue and full text archive of this journal is available at
www.emeraldinsight.com/1065-075X.htm
The flavors of
open access
229
OCLC Systems & Services:
International digital library
perspectives
Vol. 23 No. 3, 2007
pp. 229-234
q Emerald Group Publishing Limited
1065-075X
DOI 10.1108/10650750710776332

6. § 0 Copyright Infringement and Remedies
§504 · Remedies for infringement: Damages and profits3
(a) In general.—Except as otherwise provided by this title, an infringer of
copyright is liable for either—
(1) the copyright owner’s actual damages and any additional profits of the
infringer, as provided by subsection (b); or
(2) statutory damages, as provided by subsection (c).
(b) Actual Damages and Profits.—The copyright owner is entitled to re-
cover the actual damages suffered by him or her as a result of the infringement, and
any profits of the infringer that are attributable to the infringement and are not
taken into account in computing the actual damages. In establishing the infringer’s
profits,the copyright owner is required to present proof only of the infringer’s gross
revenue, and the infringer is required to prove his or her deductible expenses and
the elements of profit attributable to factors other than the copyrighted work.
(c) Statutory Damages.—
(1) Except as provided by clause (2) of this subsection, the copyright owner
may elect, at any time before final judgment is rendered, to recover, instead
of actual damages and profits, an award of statutory damages for all infringe-
ments involved in the action, with respect to any one work, for which any one
infringer is liable individually, or for which any two or more infringers are li-
able jointly and severally, in a sum of not less than $750 or more than $30,000
as the court considers just. For the purposes of this subsection, all the parts of
a compilation or derivative work constitute one work.
(2) In a case where the copyright owner sustains the burden of proving, and
the court finds, that infringement was committed willfully, the court in its dis-
cretion may increase the award of statutory damages to a sum of not more than
$150,000. In a case where the infringer sustains the burden of proving, and the
court finds, that such infringer was not aware and had no reason to believe that
his or her acts constituted an infringement of copyright,the court in its discretion
may reduce the award of statutory damages to a sum of not less than $200. The
court shall remit statutory damages in any case where an infringer believed and
had reasonable grounds for believing that his or her use of the copyrighted work
was a fair use under section 107, if the infringer was: (i) an employee or agent of
a nonprofit educational institution,library,or archives acting within the scope of
his or her employment who, or such institution, library, or archives itself, which
infringed by reproducing the work in copies or phonorecords; or (ii) a public
broadcasting entity which or a person who, as a regular part of the nonprofit
activities of a public broadcasting entity (as defined in subsection (g) of section
118) infringed by performing a published nondramatic literary work or by repro-
ducing a transmission program embodying a performance of such a work.
(3) (A) In a case of infringement, it shall be a rebuttable presumption that
the infringement was committed willfully for purposes of determining relief
1 Copyright Law of the United States

7. copyrightchart
CLASSROOM COPYRIGHT CHART
Medium What You Can Do
According
to
The Fine Print
Printed Material
q Poem less than 250
words
q Excerpt of 250
words from a poem
greater than 250
words
q Articles, stories, or
essays less than
2,500 words
q Excerpt from a
longer work (10% of
work or 1,000
words, whichever is
less--but a minimum
of 500 words)
q One chart, picture,
diagram, graph,
cartoon or picture
per book or per
periodical issue
q Two pages (max)
from an illustrated
work less than 2,500
words (like childrens
books)
Teachers may make multiple
copies for classroom use.
United
States
Copyright
Office
Circular 21
No more than one copy per
student. Usage must be: At
the instance and
inspiration of a single
teacher and when the time
frame doesn't allow enough
time for asking permission.
Only for one course in the
school. No more than nine
instances per class per term
(current news publications
such as newspapers can be
used more often). Don't
create anthologies.
Consumables can't be
copied. Don't do it every
term (if time allows, seek
permission). Can't be
directed by higher
authority. Copying can't be
substitute for buying.
Copies may be made only
from legally acquired
originals.
q A chapter from a
book
q An article from a
periodical
q Short story, short
essay, or short poem
q Chart, graph,
diagram, drawing ,
cartoon, picture
from a book,
periodical or
newspaper
Teachers may make a single
copy for teacher use for
research or lesson
preparation.
United
States
Copyright
Office
Circular 21
Same as above.
http://www.mediafestival.org/copyrightchart.html (1 of 5) [5/13/2001 1:03:54 PM]

8. copyrightchart
q Portions of a work
q An entire work
q A work if the
existing format in
which a work is
stored has become
obsolete
A librarian may make up to
three copies solely for the
purpose of replacement of a
copy...that is damaged,
deteriorating, lost or stolen
Section 108
Copyright
Act (1976 )
as amended
by the
Digital
Millenium
Copyright
Act
The library must first
determine that after
reasonable investigation
that copy...cannot be
obtained at a fair price or
that the format is obsolete.
Text for Use in
Multimedia Projects
q Same rights as
Printed Material
above
Students may incorporate text
in multimedia projects.
Teachers may incorporate
into multimedia for teaching
courses.
Fair Use
Guidelines
for
Educational
Multimedia
Teachers may use for two
years, after that permission
is required. Students may
keep in portfolio for life.
Video
q Videotapes
(purchased)
q Videotape (rented)
q DVD
q Laser Discs
Teachers may use these
materials in the classroom
without restrictions of length,
percentage, or multiple use
.
May be copied for archival
purposes or to replace lost,
damaged, or stolen copies.
Section 110
of the
Copyright
Act
The material must
legitimately acquired (a
legal copy). It must be used
in a classroom or similar
place dedicated to face-to-
face instruction. Not for
use as entertainment or
reward. The use should be
instructional. The place
should be a non-profit
educational institution.
If replacements are
unavailable at a fair price or
are available only in
obsolete formats (e.g.,
betamax videos).
Video (Motion Media)
for Use in Multimedia
Projects
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9. copyrightchart
q Videotapes
q DVD
q Laser Discs
q QuickTime Movies
q Encyclopedias
(CDROM)
Students may use portions of
lawfully acquired copyrighted
works in their academic
multimedia, defined as 10%
or three minutes (whichever
is less) of motion media
Fair Use
Guidelines
for
Educational
Multimedia
Proper attribution and
credit must be noted for all
copyrighted works included
in multimedia, including
those prepared under fair
use.Tina Ivany, UC San Diego
12/08/95
Video for Integration
into Video Projects
.
q Videotapes
q DVD
q Laser Discs
q QuickTime Movies
q Encyclopedias
(CDROM)
Students may use portions of
lawfully acquired copyrighted
works in their academic
multimedia
Fair Use
Guidelines
for
Educational
Multimedia
The material must
legitimately acquired (a
legal copy, not bootleg or
home recording).
Illustrations and
Photographs
q Photograph
q Illustration
q Collections of
photographs
q Collections of
illustrations
Single works may be used in
their entirety but not more
than 5 images by an artist or
photographer. From a
collection, not more than 15
images or 10%, whichever is
less.
Fair Use
Guidelines
for
Educational
Multimedia
Older illustrations may be
in the public domain, but
the collection may be
copyrighted.
Music for Integration
into Multimedia / Video
Projects
q Music
Up to 10% of a copyrighted
musical composition may be
reproduced, performed and
displayed as part of a
multimedia program
produced by an educator or
student for educational
purposes.
Fair Use
Guidelines
for
Educational
Multimedia
Some authorities site a
maximum length of 30
seconds.
(www.indiana.edu), some
do not mention a maximum
(Tina Ivany, UCSD,
12/08/95). See below.
http://www.mediafestival.org/copyrightchart.html (3 of 5) [5/13/2001 1:03:54 PM]

10. c i r c u l a r 9 2
Copyright Law of the United States
and Related Laws Contained in Tıtle 17 of the United States Code
o c t o b e r 2 0 0 7

11. Subject Matter and Scope of Copyright § 10
by subsection (a) with respect to a work of visual art shall not constitute a
transfer of ownership of any copy of that work, or of ownership of a copyright
or of any exclusive right under a copyright in that work.
§107 · Limitations on exclusive rights: Fair use40
Notwithstanding the provisions of sections 106 and 106A, the fair use of a
copyrighted work, including such use by reproduction in copies or phonorecords
or by any other means specified by that section, for purposes such as criticism,
comment, news reporting, teaching (including multiple copies for classroom use),
scholarship, or research, is not an infringement of copyright. In determining
whether the use made of a work in any particular case is a fair use the factors to
be considered shall include—
(1) the purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copy-
righted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copy-
righted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if
such finding is made upon consideration of all the above factors.
§108 · Limitations on exclusive rights:
Reproduction by libraries and archives41
(a) Except as otherwise provided in this title and notwithstanding the provi-
sions 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, except as provided in subsec-
tions (b) and (c), 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
(3) the reproduction or distribution of the work includes a notice of copy-
right that appears on the copy or phonorecord that is reproduced under the
Copyright Law of the United States 1

12. § 10 Subject Matter and Scope of Copyright
provisions of this section, or includes a legend stating that the work may be
protected by copyright if no such notice can be found on the copy or phono-
record that is reproduced under the provisions of this section.
(b) The rights of reproduction and distribution under this section apply to
three copies or phonorecords of an unpublished work duplicated solely for pur-
poses of preservation and security or for deposit for research use in another li-
brary or archives of the type described by clause (2) of subsection (a), if—
(1) the copy or phonorecord reproduced is currently in the collections of
the library or archives; and
(2) any such copy or phonorecord that is reproduced in digital format is not
otherwise distributed in that format and is not made available to the public in
that format outside the premises of the library or archives.
(c) The right of reproduction under this section applies to three copies or pho-
norecords of a published work duplicated solely for the purpose of replacement
of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, or if the
existing format in which the work is stored has become obsolete, if—
(1) the library or archives has, after a reasonable effort, determined that an
unused replacement cannot be obtained at a fair price; and
(2) any such copy or phonorecord that is reproduced in digital format is not
made available to the public in that format outside the premises of the library
or archives in lawful possession of such copy.
For purposes of this subsection, a format shall be considered obsolete if the
machine or device necessary to render perceptible a work stored in that format
is no longer manufactured or is no longer reasonably available in the commercial
marketplace.
(d) The rights of reproduction and distribution under this section apply to a
copy, made from the collection of a library or archives where the user makes his
or her request or from that of another library or archives, of no more than one
article or other contribution to a copyrighted collection or periodical issue, or to
a copy or phonorecord of a small part of any other copyrighted work, if—
(1) the copy or phonorecord becomes the property of the user, and the
library or archives has had no notice that the copy or phonorecord would be
used for any purpose other than private study, scholarship, or research; and
(2) the library or archives displays prominently, at the place where orders are
accepted, and includes on its order form, a warning of copyright in accordance
with requirements that the Register of Copyrights shall prescribe by regulation.
(e) The rights of reproduction and distribution under this section apply to the
entire work, or to a substantial part of it, made from the collection of a library or
archives where the user makes his or her request or from that of another library
or archives, if the library or archives has first determined, on the basis of a reason-
able investigation, that a copy or phonorecord of the copyrighted work cannot
be obtained at a fair price, if—
0 Copyright Law of the United States

13. Subject Matter and Scope of Copyright § 10
(1) the copy or phonorecord becomes the property of the user, and the
library or archives has had no notice that the copy or phonorecord would be
used for any purpose other than private study, scholarship, or research; and
(2) the library or archives displays prominently, at the place where orders
are accepted, and includes on its order form, a warning of copyright in ac-
cordance with requirements that the Register of Copyrights shall prescribe
by regulation.
(f) Nothing in this section—
(1) shall be construed to impose liability for copyright infringement upon
a library or archives or its employees for the unsupervised use of reproducing
equipment located on its premises: Provided, That such equipment displays a
notice that the making of a copy may be subject to the copyright law;
(2) excuses a person who uses such reproducing equipment or who requests
a copy or phonorecord under subsection (d) from liability for copyright in-
fringement for any such act, or for any later use of such copy or phonorecord,
if it exceeds fair use as provided by section 107;
(3) shall be construed to limit the reproduction and distribution by lending
of a limited number of copies and excerpts by a library or archives of an audio-
visual news program, subject to clauses (1), (2), and (3) of subsection (a); or
(4) in any way affects the right of fair use as provided by section 107, or any
contractual obligations assumed at any time by the library or archives when it
obtained a copy or phonorecord of a work in its collections.
(g) The rights of reproduction and distribution under this section extend to
the isolated and unrelated reproduction or distribution of a single copy or pho-
norecord of the same material on separate occasions, but do not extend to cases
where the library or archives, or its employee—
(1) is aware or has substantial reason to believe that it is engaging in the
related or concerted reproduction or distribution of multiple copies or phono-
records of the same material, whether made on one occasion or over a period
of time, and whether intended for aggregate use by one or more individuals
or for separate use by the individual members of a group; or
(2) engages in the systematic reproduction or distribution of single or mul-
tiple copies or phonorecords of material described in subsection (d): Provided,
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 of such work.
(h)(1) For purposes of this section, during the last 20 years of any term of copy-
right of a published work, a library or archives, including a nonprofit educational
institution that functions as such, may reproduce, distribute, display, or perform in
facsimile or digital form a copy or phonorecord of such work, or portions thereof,
Copyright Law of the United States 1

14. § 10 Subject Matter and Scope of Copyright
for purposes of preservation, scholarship, or research, if such library or archives
has first determined, on the basis of a reasonable investigation, that none of the
conditions set forth in subparagraphs (A), (B), and (C) of paragraph (2) apply.
(2) No reproduction, distribution, display, or performance is authorized
under this subsection if—
(A) the work is subject to normal commercial exploitation;
(B) a copy or phonorecord of the work can be obtained at a reasonable
price; or
(C) the copyright owner or its agent provides notice pursuant to regula-
tions promulgated by the Register of Copyrights that either of the condi-
tions set forth in subparagraphs (A) and (B) applies.
(3) The exemption provided in this subsection does not apply to any sub-
sequent uses by users other than such library or archives.
(i) The rights of reproduction and distribution under this section do not apply
to a musical work, a pictorial, graphic or sculptural work, or a motion picture or
other audiovisual work other than an audiovisual work dealing with news, except
that no such limitation shall apply with respect to rights granted by subsections
(b),(c), and (h), or with respect to pictorial or graphic works published as illustra-
tions, diagrams, or similar adjuncts to works of which copies are reproduced or
distributed in accordance with subsections (d) and (e).
§109 · Limitations on exclusive rights:
Effect of transfer of particular copy or phonorecord42
(a) Notwithstanding the provisions of section 106(3), the owner of a particular
copy or phonorecord lawfully made under this title, or any person authorized
by such owner, is entitled, without the authority of the copyright owner, to sell
or otherwise dispose of the possession of that copy or phonorecord. Notwith-
standing the preceding sentence, copies or phonorecords of works subject to
restored copyright under section 104A that are manufactured before the date of
restoration of copyright or, with respect to reliance parties, before publication
or service of notice under section 104A(e), may be sold or otherwise disposed of
without the authorization of the owner of the restored copyright for purposes
of direct or indirect commercial advantage only during the 12-month period
beginning on—
(1) the date of the publication in the Federal Register of the notice of intent
filed with the Copyright Office under section 104A(d)(2)(A), or
(2) the date of the receipt of actual notice served under section 104A(d)(2)(B),
whichever occurs first.
(b)(1)(A) Notwithstanding the provisions of subsection (a), unless authorized
by the owners of copyright in the sound recording or the owner of copyright in a
Copyright Law of the United States

15. § 0 Copyright Infringement and Remedies
§504 · Remedies for infringement: Damages and profits3
(a) In general.—Except as otherwise provided by this title, an infringer of
copyright is liable for either—
(1) the copyright owner’s actual damages and any additional profits of the
infringer, as provided by subsection (b); or
(2) statutory damages, as provided by subsection (c).
(b) Actual Damages and Profits.—The copyright owner is entitled to re-
cover the actual damages suffered by him or her as a result of the infringement, and
any profits of the infringer that are attributable to the infringement and are not
taken into account in computing the actual damages. In establishing the infringer’s
profits,the copyright owner is required to present proof only of the infringer’s gross
revenue, and the infringer is required to prove his or her deductible expenses and
the elements of profit attributable to factors other than the copyrighted work.
(c) Statutory Damages.—
(1) Except as provided by clause (2) of this subsection, the copyright owner
may elect, at any time before final judgment is rendered, to recover, instead
of actual damages and profits, an award of statutory damages for all infringe-
ments involved in the action, with respect to any one work, for which any one
infringer is liable individually, or for which any two or more infringers are li-
able jointly and severally, in a sum of not less than $750 or more than $30,000
as the court considers just. For the purposes of this subsection, all the parts of
a compilation or derivative work constitute one work.
(2) In a case where the copyright owner sustains the burden of proving, and
the court finds, that infringement was committed willfully, the court in its dis-
cretion may increase the award of statutory damages to a sum of not more than
$150,000. In a case where the infringer sustains the burden of proving, and the
court finds, that such infringer was not aware and had no reason to believe that
his or her acts constituted an infringement of copyright,the court in its discretion
may reduce the award of statutory damages to a sum of not less than $200. The
court shall remit statutory damages in any case where an infringer believed and
had reasonable grounds for believing that his or her use of the copyrighted work
was a fair use under section 107, if the infringer was: (i) an employee or agent of
a nonprofit educational institution,library,or archives acting within the scope of
his or her employment who, or such institution, library, or archives itself, which
infringed by reproducing the work in copies or phonorecords; or (ii) a public
broadcasting entity which or a person who, as a regular part of the nonprofit
activities of a public broadcasting entity (as defined in subsection (g) of section
118) infringed by performing a published nondramatic literary work or by repro-
ducing a transmission program embodying a performance of such a work.
(3) (A) In a case of infringement, it shall be a rebuttable presumption that
the infringement was committed willfully for purposes of determining relief
1 Copyright Law of the United States

16. 8
permissible in the future; and conversely that in the fu-
ture other types of copying not permitted under these
guidelinesmaybepermissibleunderrevisedguidelines.
Moreover, the following statement of guidelines is
not intended to limit the types of copying permitted
under the standards of fair use under judicial decision
and which are stated in Section 107 of the Copyright
Revision Bill. There may be instances in which copy-
ing which does not fall within the guidelines stated
below may nonetheless be permitted under the crite-
ria of fair use.
GUIDELINES
I. Single Copying for Teachers
A single copy may be made of any of the following
by or for a teacher at his or her individual request for
his or her scholarly research or use in teaching or
preparation to teach a class:
A. A chapter from a book;
B. An article from a periodical or newspaper;
C. A short story, short essay or short poem,
whether or not from a collective work;
D. A chart, graph, diagram, drawing, cartoon or
picture from a book, periodical, or newspaper;
II. Multiple Copies for Classroom Use
Multiple copies (not to exceed in any event more
than one copy per pupil in a course) may be made by
or for the teacher giving the course for classroom use
or discussion; provided that:
A. The copying meets the tests of brevity and
spontaneity as defined below; and,
B. Meets the cumulative effect test as defined be-
low; and,
C. Each copy includes a notice of copyright
Definitions
Brevity
(i) Poetry: (a) A complete poem if less than 250
words and if printed on not more than two pages or,
(b) from a longer poem, an excerpt of not more than
250 words.
(ii) Prose: (a) Either a complete article, story or es-
say of less than 2,500 words, or (b) an excerpt from
any prose work of not more than 1,000 words or 10%
of the work, whichever is less, but in any event a mini-
mum of 500 words.
[Each of the numerical limits stated in “i” and “ii”
above may be expanded to permit the completion of
an unfinished line of a poem or of an unfinished prose
paragraph.]
(iii) Illustration: One chart, graph, diagram, draw-
ing, cartoon or picture per book or per periodical issue.
(iv) “Special” works: Certain works in poetry,
prose or in “poetic prose” which often combine lan-
guage with illustrations and which are intended
sometimes for children and at other times for a more
general audience fall short of 2,500 words in their en-
tirety. Paragraph “ii” above notwithstandiiig such
“special works” may not be reproduced in their en-
tirety; however, an excerpt comprising not more than
two of the published pages of such special work and
containing not more than 10% of the words found in
the text thereof, may be reproduced.
Spontaneity
(i) The copying is at the instance and inspiration of
the individual teacher, and
(ii) The inspiration and decision to use the work
and the moment of its use for maximum teaching ef-
fectiveness are so close in time that it would be unrea-
sonable to expect a timely reply to a request for per-
mission.
Cumulative Effect
(i) The copying of the material is for only one
course in the school in which the copies are made.
(ii) Not more than one short poem, article, story,
essay or two excerpts may be copied from the same
author, nor more than three from the same collective
work or periodical volume during one class term.
(iii) There shall not be more than nine instances of
such multiple copying for one course during one class
term.
[The limitations stated in “ii” and “iii” above shall
not apply to current news periodicals and newspapers
and current news sections of other periodicals.]
III. Prohibitions as to I and II Above
Notwithstanding any of the above, the following
shall be prohibited:
(A) Copying shall not be used to create or to re-
place or substitute for anthologies, compilations or
collective works. Such replacement or substitution
may occur whether copies of various works or ex-
cerpts therefrom are accumulated or reproduced and
used separately.
(B) There shall be no copying of or from works in-
tended to be “consumable” in the course of study or
of teaching. These include workbooks, exercises,
standardized tests and test booklets and answer
sheets and like consumable material.
(C) Copying shall not:
(a) substitute for the purchase of books, publish-
ers’ reprints or periodicals;
(b) be directed by higher authority;
(c) be repeated with respect to the same item by
the same teacher from term to term.
(D) No charge shall be made to the student beyond
the actual cost of the photocopying.
Agreed MARCH 19, 1976.
Ad Hoc Committee on Copyright Law Revision:
BY SHELDON ELLIOTT STEINBACH.
Author-Publisher Group:
Authors League of America:
BY IRWIN KARP, Counsel.
Association of American Publishers, Inc.:
BY ALEXANDER C.HOFFMAN,
Chairman, Copyright Committee.

17. 14
section extend only to the “isolated and unrelated repro-
duction of a single copy,” but this section does not autho-
rize the related or concerted reproduction of multiple cop-
ies of the same material whether made on one occasion or
over a period of time, and whether intended for aggregate
use by one individual or for separate use by the individual
members of a group. For example, if a college professor in-
structs his class to read an article from a copyrighted jour-
nal, the school library would not be permitted, under sub-
section (g), to reproduce copies of the article for the mem-
bers of the class.
Subsection (g) also provides that section 108 does not
authorize the systematic reproduction or distribution of
copies or phonorecords of articles or other contributions to
copyrighted collections or periodicals or of small parts of
other copyrighted works whether or not multiple copies
are reproduced or distributed. Systematic reproduction or
distribution occurs when a library makes copies of such
materials available to other libraries or to groups of users
under formal or informal arrangements whose purpose or
effect is to have the reproducing library serve as their
source of such material. Such systematic reproduction and
distribution, as distinguished from isolated and unrelated
reproduction or distribution, may substitute the copies re-
produced by the source library for subscriptions or re-
prints or other copies which the receiving libraries or us-
ers might otherwise have purchased for themselves, from
the publisher or the licensed reproducing agencies.
While it is not possible to formulate specific definitions
of “systematic copying,” the following examples serve to il-
lustrate some of the copying prohibited by subsection (g).
(1) A library with a collection of journals in biology in-
forms other libraries with similar collections that it will
maintain and build its own collection and will make copies
of articles from these journals available to them and their
patrons on request. Accordingly, the other libraries discon-
tinue or refrain from purchasing subscriptions to these
journals and fulfill their patrons’ requests for articles by
obtaining photocopies from the source library.
(2) A research center employing a number of scientists
and technicians subscribes to one or two copies of needed
periodicals. By reproducing photocopies of articles the cen-
ter is able to make the material in these periodicals avail-
able to its staff in the same manner which otherwise would
have required multiple subscriptions.
(3) Several branches of a library system agree that one
branch will subscribe to particular journals in lieu of each
branch purchasing its own subscriptions, and the one sub-
scribing branch will reproduce copies of articles from the
publication for users of the other branches.
The committee believes that section 108 provides an
appropriate statutory balancing of the rights of creators
and the needs of users. However, neither a statute nor leg-
islative history can specify precisely which library photo-
copying 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 represen-
tatives of authors, book and periodical publishers and other
owners of copyrighted material meet with the library com-
munity to formulate photocopying guidelines to assist li-
brary patrons and employees. Concerning library photo-
copying practices not authorized by this legislation, the
committee recommends that workable clearance and li-
censing procedures be developed.
It is still uncertain how far a library may go under the
Copyright Act of 1909 in supplying a photocopy of copy-
righted material in its collection. The recent case of The
Williams and Wilkins Company v. The United States
failed to significantly illuminate the application of the fair
use doctrine to library photocopying practices. Indeed, the
opinion of the Court of Claims said the Court was engaged
in “a ‘holding Operation’ in the interim period before Con-
gress enacted its preferred solution.”
While the several opinions in the Wilkins case have
given the Congress little guidance as to the current state
of the law on fair use, these opinions provide additional sup-
port for the balanced resolution of the photocopying issue
adopted by the Senate last year in S. 1361 and preserved in
section 108 of this legislation. As the Court of Claims opin-
ion succinctly stated “there is much to be said on all sides.”
In adopting these provisions on library photocopying,
the committee is aware that through such programs as
those of the National Commission on Libraries and Infor-
mation Science there will be a significant evolution in the
functioning and services of libraries. To consider the pos-
sible need for changes in copyright law and procedures as
a result of new technology, a National Commission on New
Technological Uses of Copyrighted Works has been estab-
lished (Public Law 93-573).
3. Excerpts From House Report on Section 108
The following excerpts are reprinted from the House Report
on the new copyright law (H.R. Rep. No. 94-1476, pages
74-79). All of the House Report’s discussion of section 108
is reprinted here; similarities and differences between the
House and Senate Reports on particular points will be
noted below.
a. House Report: Introductory Statement
This paragraph is substantially the same in the Senate and
House Reports.
Notwithstanding the exclusive rights of the owners of
copyright, section 108 provides that under certain condi-
tions 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 or distribute not more
than one copy or phonorecord of a work, provided (1) the