Bob,
I like your analysis. I agree that even if a library could waive its fair use rights to a particular work, it cannot waive a users' rights. The legislative history refers to the situation where someone gives manuscripts and personal papers to a library with the understanding that they will not be reproduced.
Now, this may mean that a library must ensure that users of those papers not make copies. Other than having a user sign such an agreement before the papers are made available to him or her, what else could a library do?
I have also read this clause to cover materials not covered in section 108 (for example videotapes which are excluded from all by subsections (b) and (c)). Thus, if, when the library obtains a copy of a videotape it signs an agreement to permit the library to duplicate up to five copies of the tape, the clause in 108(f)(4) means that the library may make the copies even though under section 108(h) it would be prohibited.
Lolly Gasaway, Director of the Law Library & Prof. of Law, Univ. North Carolina Received on Sun Apr 10 1994 - 18:19:59 GMT
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