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The rights of reproduction and distribution
under Section 108 extend to the isolated and unrelated
reproduction or distribution of a single copy of
the same material on separate occasions. The rights do
not extend to cases where the library or archives, or
its employee, participate in a systematic reproduction
that attempts to circumvent the single-copy intent of
the law.
More precisely, the exemptions and protections
of Section
108 do not apply when a library or its employee —
- is aware or has substantial reason to believe that
it is engaging in the related or concerted reproduction
or distribution of multiple copies 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
- engages in the systematic reproduction or distribution
of single or multiple copies of material from the
collection of a library or archives where the user
makes his or her request or from that of another library
or archives. 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 for
distribution does so in such aggregate quantities
as to substitute for a subscription to or purchase
of such work.
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