(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 reasonable investigation, that a copy or
phonorecord of the copyrighted work cannot be obtained at a pair (sic)
prices, 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.
(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 infringement 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 audiovisual new program, subject to clauses (1), (2), and
(3) of subsection (a); or
(4) in any way affects the rights 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.
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