§ 59.1-503.10. Licenses to nonprofit libraries, archives or educationalinstitutions.
(a) To the extent that the conduct is not otherwise unlawful or restrictedunder the Copyright Act, 17 U.S.C. § 101 et seq., or other law, in a standardform contract for the use of a tangible copy of informational content to alicensee that is a nonprofit library or archive or a nonprofit educationalinstitution, the licensee may, without any purpose of direct or indirectcommercial advantage:
(1) make the tangible copy available to library or archive users, includingbut not limited to reserving the copy for a course and lending that copy tousers in accordance with ordinary practices of nonprofit libraries orarchives;
(2) make a copy of the tangible copy for archival or preservation purposes;
(3) engage in inter-library lending of tangible copies of the copy; and
(4) make classroom and instructional use of the tangible copy.
(b) The provisions of subsection (a) may be varied by a term in a standardform contract only if:
(1) the term varying the provision is conspicuous;
(2) the nonprofit library, archive or educational institution specificallymanifests assent to the term pursuant to subsection (c) of § 59.1-501.12; and
(3) where the term is not made available to the nonprofit library, archive oreducational institution before it orders the tangible copy of the computerinformation:
(i) the nonprofit library, archive or educational institution knew or hadreason to know that terms would follow when it ordered the copy; and
(ii) the nonprofit library, archive or educational institution is given theright to return the copy in the event that it refuses the contract and theright to be reimbursed for any reasonable expenses incurred in complying withthe licensor's instructions for returning or destroying the computerinformation, or in the absence of such instructions, the reimbursement ofexpenses incurred for return postage or similar reasonable expense inreturning the computer information.
(c) Nothing in this section shall be construed to:
(1) alter the burden of proof in an infringement, contract or other action;
(2) authorize making the informational content available on a computernetwork server or other system for simultaneous access and use by multipleusers; or
(3) limit any defense that a term of a contract violates a fundamental publicpolicy pursuant to § 59.1-501.5 including any such policy under the federalcopyright law.
(d) For purposes of this section, the terms "nonprofit library, archive oreducational institution" have the same meaning as used in sections 108, 109and 110 of the Copyright Act, 17 U.S.C. §§ 108, 109, and 110.
§ 59.1-503.10. Licenses to nonprofit libraries, archives or educationalinstitutions.
(a) To the extent that the conduct is not otherwise unlawful or restrictedunder the Copyright Act, 17 U.S.C. § 101 et seq., or other law, in a standardform contract for the use of a tangible copy of informational content to alicensee that is a nonprofit library or archive or a nonprofit educationalinstitution, the licensee may, without any purpose of direct or indirectcommercial advantage:
(1) make the tangible copy available to library or archive users, includingbut not limited to reserving the copy for a course and lending that copy tousers in accordance with ordinary practices of nonprofit libraries orarchives;
(2) make a copy of the tangible copy for archival or preservation purposes;
(3) engage in inter-library lending of tangible copies of the copy; and
(4) make classroom and instructional use of the tangible copy.
(b) The provisions of subsection (a) may be varied by a term in a standardform contract only if:
(1) the term varying the provision is conspicuous;
(2) the nonprofit library, archive or educational institution specificallymanifests assent to the term pursuant to subsection (c) of § 59.1-501.12; and
(3) where the term is not made available to the nonprofit library, archive oreducational institution before it orders the tangible copy of the computerinformation:
(i) the nonprofit library, archive or educational institution knew or hadreason to know that terms would follow when it ordered the copy; and
(ii) the nonprofit library, archive or educational institution is given theright to return the copy in the event that it refuses the contract and theright to be reimbursed for any reasonable expenses incurred in complying withthe licensor's instructions for returning or destroying the computerinformation, or in the absence of such instructions, the reimbursement ofexpenses incurred for return postage or similar reasonable expense inreturning the computer information.
(c) Nothing in this section shall be construed to:
(1) alter the burden of proof in an infringement, contract or other action;
(2) authorize making the informational content available on a computernetwork server or other system for simultaneous access and use by multipleusers; or
(3) limit any defense that a term of a contract violates a fundamental publicpolicy pursuant to § 59.1-501.5 including any such policy under the federalcopyright law.
(d) For purposes of this section, the terms "nonprofit library, archive oreducational institution" have the same meaning as used in sections 108, 109and 110 of the Copyright Act, 17 U.S.C. §§ 108, 109, and 110.
§ 59.1-503.10. Licenses to nonprofit libraries, archives or educationalinstitutions.
(a) To the extent that the conduct is not otherwise unlawful or restrictedunder the Copyright Act, 17 U.S.C. § 101 et seq., or other law, in a standardform contract for the use of a tangible copy of informational content to alicensee that is a nonprofit library or archive or a nonprofit educationalinstitution, the licensee may, without any purpose of direct or indirectcommercial advantage:
(1) make the tangible copy available to library or archive users, includingbut not limited to reserving the copy for a course and lending that copy tousers in accordance with ordinary practices of nonprofit libraries orarchives;
(2) make a copy of the tangible copy for archival or preservation purposes;
(3) engage in inter-library lending of tangible copies of the copy; and
(4) make classroom and instructional use of the tangible copy.
(b) The provisions of subsection (a) may be varied by a term in a standardform contract only if:
(1) the term varying the provision is conspicuous;
(2) the nonprofit library, archive or educational institution specificallymanifests assent to the term pursuant to subsection (c) of § 59.1-501.12; and
(3) where the term is not made available to the nonprofit library, archive oreducational institution before it orders the tangible copy of the computerinformation:
(i) the nonprofit library, archive or educational institution knew or hadreason to know that terms would follow when it ordered the copy; and
(ii) the nonprofit library, archive or educational institution is given theright to return the copy in the event that it refuses the contract and theright to be reimbursed for any reasonable expenses incurred in complying withthe licensor's instructions for returning or destroying the computerinformation, or in the absence of such instructions, the reimbursement ofexpenses incurred for return postage or similar reasonable expense inreturning the computer information.
(c) Nothing in this section shall be construed to:
(1) alter the burden of proof in an infringement, contract or other action;
(2) authorize making the informational content available on a computernetwork server or other system for simultaneous access and use by multipleusers; or
(3) limit any defense that a term of a contract violates a fundamental publicpolicy pursuant to § 59.1-501.5 including any such policy under the federalcopyright law.
(d) For purposes of this section, the terms "nonprofit library, archive oreducational institution" have the same meaning as used in sections 108, 109and 110 of the Copyright Act, 17 U.S.C. §§ 108, 109, and 110.
