Reproduction of Copyrighted Works by Educators and Librarians | Page 8

of
what fair use is and some of the criteria applicable to it, the courts must
be free to adapt the doctrine to particular situations on a case-by-case
basis. Section 107 is intended to restate the present judicial doctrine of
fair use, not to change, narrow, or enlarge it in any way.
*b. House Report: Statement of Intention as to Classroom
Reproduction*
===================================================
=============== The House Report differs substantially from the
Senate Report on this point.
===================================================
===============
*(i) Introductory Statement*
*Intention as to classroom reproduction*
Although the works and uses to which the doctrine of fair use is
applicable are as broad as the copyright law itself, most of the
discussion of section 107 has centered around questions of classroom
reproduction, particularly photocopying. The arguments on the

question are summarized at pp. 30-31 of this Committee's 1967 report
(H.R. Rep. No. 83, 90th Cong., 1st Sess.), and have not changed
materially in the intervening years.
The Committee also adheres to its earlier conclusion, that "a specific
exemption freeing certain reproductions of copyrighted works for
educational and scholarly purposes from copyright control is not
justified." At the same time the Committee recognizes, as it did in 1967,
that there is a "need for greater certainty and protection for teachers." In
an effort to meet this need the Committee has not only adopted further
amendments to section 107, but has also amended section 504(c) to
provide innocent teachers and other non-profit users of copyrighted
material with broad insulation against unwarranted liability for
infringement. The latter amendments are discussed below in connection
with Chapter 5 of the bill.
In 1967 the Committee also sought to approach this problem by
including, in its report, a very thorough discussion of "the
considerations lying behind the four criteria listed in the amended
section 107, in the context of typical classroom situations arising
today." This discussion appeared on pp. 32-35 of the 1967 report, and
with some changes has been retained in the Senate report on S. 22 (S.
Rep. No. 94-473, pp. 63-65). The Committee has reviewed this
discussion, and considers that it still has value as an analysis of various
aspects of the problem.
At the Judiciary Subcommittee hearings in June 1975, Chairman
Kastenmeier and other members urged the parties to meet together
independently in an effort to achieve a meeting of the minds as to
permissible educational uses of copyrighted material. The response to
these suggestions was positive, and a number of meetings of three
groups, dealing respectively with classroon, reproduction of printed
material, music, and audio-visual material, were held beginning in
September 1975.
*(ii) Guidelines With Respect to Books and Periodicals*
In a joint letter to Chairman Kastenmeier, dated March 19, 1976, the

representatives of the Ad Hoc Committee of Educational Institutions
and Organizations on Copyright Law Revision, and of the Authors
League of America, Inc., and the Association of American Publishers,
Inc., stated:
"You may remember that in our letter of March 8, 1976 we told you
that the negotiating teams representing authors and publishers and the
Ad Hoc Group had reached tentative agreement on guidelines to insert
in the Committee Report covering educational copying from books and
periodicals under Section 107 of H.R. 2223 and S. 22, and that as part
of that tentative agreement each side would accept the amendments to
Sections 107 and 504 which were adopted by your Subcommittee on
March 3,1976.
"We are now happy to tell you that the agreement has been approved
by the principals and we enclose a copy herewith. We had originally
intended to translate the agreement into language suitable for inclusion
in the legislative report dealing with Section 107, but we have since
been advised by committee staff that this will not be necessary.
"As stated above, the agreement refers only to copying from books and
periodicals, and it is not intended to apply to musical or audiovisual
works."
The full text of the agreement is as follows:
AGREEMENT ON GUIDELINES FOR CLASSROOM COPYING IN
NOT-FOR-PROFIT EDUCATIONAL INSTITUTIONS WITH
RESPECT TO BOOKS AND PERIODICALS
The purpose of the following guidelines is to state the minimum and
not the maximum standards of educational fair use under Section 107
of H.R. 2223. The parties agree that the conditions determining the
extent of permissible copying for educational purposes may change in
the future; that certain types of copying permitted under these
guidelines may not be permissible in the future; and conversely that in
the future other types of copying not permitted under these guidelines
may be permissible under revised guidelines.

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 copying which does not
fall within