{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-503.10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-503.10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-503.10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-503.10.html"}],"law_id":82275,"edition_id":1,"section_id":82275,"structure_id":15655,"section_number":"59.1-503.10","catch_line":"Licenses to nonprofit libraries, archives or educational institutions","history":"2001, c. 763.","full_text":"a\n\nTo the extent that the conduct is not otherwise unlawful or restricted under the Copyright Act, 17 U.S.C. \u00a7 101 et seq., or other law, in a standard form contract for the use of a tangible copy of informational content to a licensee that is a nonprofit library or archive or a nonprofit educational institution, the licensee may, without any purpose of direct or indirect commercial advantage:1\n\nmake the tangible copy available to library or archive users, including but not limited to reserving the copy for a course and lending that copy to users in accordance with ordinary practices of nonprofit libraries or archives;2\n\nmake a copy of the tangible copy for archival or preservation purposes;3\n\nengage in inter-library lending of tangible copies of the copy; and4\n\nmake classroom and instructional use of the tangible copy.b\n\nThe provisions of subsection (a) may be varied by a term in a standard form contract only if:1\n\nthe term varying the provision is conspicuous;2\n\nthe nonprofit library, archive or educational institution specifically manifests assent to the term pursuant to subsection (c) of § 59.1-501.12; and3\n\nwhere the term is not made available to the nonprofit library, archive or educational institution before it orders the tangible copy of the computer information:i\n\nthe nonprofit library, archive or educational institution knew or had reason to know that terms would follow when it ordered the copy; andii\n\nthe nonprofit library, archive or educational institution is given the right to return the copy in the event that it refuses the contract and the right to be reimbursed for any reasonable expenses incurred in complying with the licensor’s instructions for returning or destroying the computer information, or in the absence of such instructions, the reimbursement of expenses incurred for return postage or similar reasonable expense in returning the computer information.c\n\nNothing in this section shall be construed to:1\n\nalter the burden of proof in an infringement, contract or other action;2\n\nauthorize making the informational content available on a computer network server or other system for simultaneous access and use by multiple users; or3\n\nlimit any defense that a term of a contract violates a fundamental public policy pursuant to § 59.1-501.5 including any such policy under the federal copyright law.d\n\nFor purposes of this section, the terms “nonprofit library, archive or educational institution” have the same meaning as used in sections 108, 109 and 110 of the Copyright Act, 17 U.S.C. §§ 108, 109, and 110.","order_by":null,"text":{"0":{"id":294835,"text":"To the extent that the conduct is not otherwise unlawful or restricted under the Copyright Act, 17 U.S.C. \u00a7 101 et seq., or other law, in a standard form contract for the use of a tangible copy of informational content to a licensee that is a nonprofit library or archive or a nonprofit educational institution, the licensee may, without any purpose of direct or indirect commercial advantage:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":294836,"text":"make the tangible copy available to library or archive users, including but not limited to reserving the copy for a course and lending that copy to users in accordance with ordinary practices of nonprofit libraries or archives;","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":294837,"text":"make a copy of the tangible copy for archival or preservation purposes;","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"a3"},"3":{"id":294838,"text":"engage in inter-library lending of tangible copies of the copy; and","type":"section","prefixes":["a","3"],"prefix":"3","entire_prefix":"a3","prefix_anchor":"a3","level":2,"prior_prefix":"a2","next_prefix":"a4"},"4":{"id":294839,"text":"make classroom and instructional use of the tangible copy.","type":"section","prefixes":["a","4"],"prefix":"4","entire_prefix":"a4","prefix_anchor":"a4","level":2,"prior_prefix":"a3","next_prefix":"b"},"5":{"id":294840,"text":"The provisions of subsection (a) may be varied by a term in a standard form contract only if:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a4","next_prefix":"b1"},"6":{"id":294841,"text":"the term varying the provision is conspicuous;","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"7":{"id":294842,"text":"the nonprofit library, archive or educational institution specifically manifests assent to the term pursuant to subsection (c) of § 59.1-501.12; and","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"b3"},"8":{"id":294843,"text":"where the term is not made available to the nonprofit library, archive or educational institution before it orders the tangible copy of the computer information:","type":"section","prefixes":["b","3"],"prefix":"3","entire_prefix":"b3","prefix_anchor":"b3","level":2,"prior_prefix":"b2","next_prefix":"i"},"9":{"id":294844,"text":"the nonprofit library, archive or educational institution knew or had reason to know that terms would follow when it ordered the copy; and","type":"section","prefixes":["i"],"prefix":"i","entire_prefix":"i","prefix_anchor":"i","level":1,"prior_prefix":"b3","next_prefix":"iii"},"10":{"id":294845,"text":"the nonprofit library, archive or educational institution is given the right to return the copy in the event that it refuses the contract and the right to be reimbursed for any reasonable expenses incurred in complying with the licensor’s instructions for returning or destroying the computer information, or in the absence of such instructions, the reimbursement of expenses incurred for return postage or similar reasonable expense in returning the computer information.","type":"section","prefixes":["i","ii"],"prefix":"ii","entire_prefix":"iii","prefix_anchor":"iii","level":2,"prior_prefix":"i","next_prefix":"c"},"11":{"id":294846,"text":"Nothing in this section shall be construed to:","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"iii","next_prefix":"c1"},"12":{"id":294847,"text":"alter the burden of proof in an infringement, contract or other action;","type":"section","prefixes":["c","1"],"prefix":"1","entire_prefix":"c1","prefix_anchor":"c1","level":2,"prior_prefix":"c","next_prefix":"c2"},"13":{"id":294848,"text":"authorize making the informational content available on a computer network server or other system for simultaneous access and use by multiple users; or","type":"section","prefixes":["c","2"],"prefix":"2","entire_prefix":"c2","prefix_anchor":"c2","level":2,"prior_prefix":"c1","next_prefix":"c3"},"14":{"id":294849,"text":"limit any defense that a term of a contract violates a fundamental public policy pursuant to § 59.1-501.5 including any such policy under the federal copyright law.","type":"section","prefixes":["c","3"],"prefix":"3","entire_prefix":"c3","prefix_anchor":"c3","level":2,"prior_prefix":"c2","next_prefix":"d"},"15":{"id":294850,"text":"For purposes of this section, the terms “nonprofit library, archive or educational institution” have the same meaning as used in sections 108, 109 and 110 of the Copyright Act, 17 U.S.C. §§ 108, 109, and 110.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c3"}},"ancestry":[{"id":15655,"edition_id":1,"name":"Construction","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":12900,"metadata":{},"date_created":"2026-06-26 03:57:25","date_modified":"2026-06-26 03:57:25","permalink":{"id":262043,"object_type":"structure","relational_id":15655,"identifier":"3","token":"59.1\/43\/3","url":"\/59.1\/43\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12900,"edition_id":1,"name":"Uniform Computer Information Transactions Act","identifier":"43","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":261885,"object_type":"structure","relational_id":12900,"identifier":"43","token":"59.1\/43","url":"\/59.1\/43\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83932,"structure_id":15655,"section_number":"59.1-503.1","catch_line":"Parol or extrinsic evidence","url":"\/59.1-503.1\/","token":"59.1\/43\/3\/59.1-503.1","metadata":false},{"id":82275,"structure_id":15655,"section_number":"59.1-503.10","catch_line":"Licenses to nonprofit libraries, archives or educational institutions","url":"\/59.1-503.10\/","token":"59.1\/43\/3\/59.1-503.10","metadata":false},{"id":82998,"structure_id":15655,"section_number":"59.1-503.11","catch_line":"Reserved","url":"\/59.1-503.11\/","token":"59.1\/43\/3\/59.1-503.11","metadata":false},{"id":59844,"structure_id":15655,"section_number":"59.1-503.2","catch_line":"Practical construction","url":"\/59.1-503.2\/","token":"59.1\/43\/3\/59.1-503.2","metadata":false},{"id":84002,"structure_id":15655,"section_number":"59.1-503.3","catch_line":"Modification and rescission","url":"\/59.1-503.3\/","token":"59.1\/43\/3\/59.1-503.3","metadata":false},{"id":83411,"structure_id":15655,"section_number":"59.1-503.4","catch_line":"Continuing contractual terms","url":"\/59.1-503.4\/","token":"59.1\/43\/3\/59.1-503.4","metadata":false},{"id":78438,"structure_id":15655,"section_number":"59.1-503.5","catch_line":"Terms to be specified","url":"\/59.1-503.5\/","token":"59.1\/43\/3\/59.1-503.5","metadata":false},{"id":69400,"structure_id":15655,"section_number":"59.1-503.6","catch_line":"Performance under open terms","url":"\/59.1-503.6\/","token":"59.1\/43\/3\/59.1-503.6","metadata":false},{"id":62393,"structure_id":15655,"section_number":"59.1-503.7","catch_line":"Interpretation and requirements for grant","url":"\/59.1-503.7\/","token":"59.1\/43\/3\/59.1-503.7","metadata":false},{"id":71642,"structure_id":15655,"section_number":"59.1-503.8","catch_line":"Repealed","url":"\/59.1-503.8\/","token":"59.1\/43\/3\/59.1-503.8","metadata":false},{"id":72362,"structure_id":15655,"section_number":"59.1-503.9","catch_line":"Agreement for performance to party's satisfaction","url":"\/59.1-503.9\/","token":"59.1\/43\/3\/59.1-503.9","metadata":false}],"previous_section":{"id":83932,"structure_id":15655,"section_number":"59.1-503.1","catch_line":"Parol or extrinsic evidence","url":"\/59.1-503.1\/","token":"59.1\/43\/3\/59.1-503.1","metadata":false},"next_section":{"id":82998,"structure_id":15655,"section_number":"59.1-503.11","catch_line":"Reserved","url":"\/59.1-503.11\/","token":"59.1\/43\/3\/59.1-503.11","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-503.10\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 763<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":72667,"section_number":"59.1-501.12","catch_line":"Manifesting assent","order_by":null,"url":"\/59.1-501.12\/"},{"id":63386,"section_number":"59.1-501.5","catch_line":"Relation to federal law; fundamental public policy; transactions subject to other state law","order_by":null,"url":"\/59.1-501.5\/"}],"permalink":{"id":262049,"object_type":"law","relational_id":82275,"identifier":"59.1-503.10","token":"59.1\/43\/3\/59.1-503.10","url":"\/59.1-503.10\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-503.10\/","token":"59.1\/43\/3\/59.1-503.10","dublin_core":{"Title":"Licenses to nonprofit libraries, archives or educational institutions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-503.10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> To the extent that the conduct is not otherwise unlawful or restricted under the Copyright Act, 17 U.S.C. \u00a7 101 et seq., or other law<\/span>, in a standard form contract<\/span> for the use of a tangible copy of informational content to a licensee that is a nonprofit library or archive or a nonprofit educational institution, the licensee may, without any purpose of direct or indirect commercial advantage: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> make the tangible copy available to library or archive users, including but not limited to reserving the copy for a course and lending that copy to users in accordance with ordinary practices of nonprofit libraries or archives; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> make a copy of the tangible copy for archival or preservation purposes; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> engage in inter-library lending of tangible copies of the copy; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> make classroom and instructional use of the tangible copy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> The provisions of subsection (a) may be varied by a term in a standard form contract<\/span> only if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> the term varying the provision is conspicuous; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> the nonprofit library, archive or educational institution specifically manifests assent to the term pursuant to subsection (c) of § 59.1-501.12<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> where the term is not made available to the nonprofit library, archive or educational institution before it orders<\/span> the tangible copy of the computer information: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

i.<\/span> the nonprofit library, archive or educational institution knew or had reason to know that terms would follow when it ordered the copy; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

ii.<\/span> the nonprofit library, archive or educational institution is given the right to return the copy in the event that it refuses the contract<\/span> and the right to be reimbursed for any reasonable expenses incurred in complying with the licensor’s instructions for returning or destroying the computer information, or in the absence of such instructions, the reimbursement of expenses incurred for return postage or similar reasonable expense in returning the computer information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Nothing in this section shall be construed to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> alter the burden of proof<\/span> in an infringement, contract<\/span> or other action; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> authorize making the informational content available on a computer network server or other system for simultaneous access and use by multiple users; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> limit any defense that a term of a contract<\/span> violates a fundamental public policy pursuant to § 59.1-501.5<\/a> including any such policy under the federal copyright law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> For purposes of this section, the terms “nonprofit library, archive or educational institution” have the same meaning as used in sections 108, 109 and 110 of the Copyright Act, 17 U.S.C. §§ 108, 109, and 110. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLICENSES TO NONPROFIT LIBRARIES, ARCHIVES OR EDUCATIONAL INSTITUTIONS (\u00a7\n59.1-503.10)\n\na. To the extent that the conduct is not otherwise unlawful or restricted under\nthe Copyright Act, 17 U.S.C. \u00a7 101 et seq., or other law, in a standard form\ncontract for the use of a tangible copy of informational content to a licensee\nthat is a nonprofit library or archive or a nonprofit educational institution,\nthe licensee may, without any purpose of direct or indirect commercial\nadvantage:\n\n 1. make the tangible copy available to library or archive users, including but\n not limited to reserving the copy for a course and lending that copy to users\n in accordance with ordinary practices of nonprofit libraries or archives;\n\n 2. make a copy of the tangible copy for archival or preservation purposes;\n\n 3. engage in inter-library lending of tangible copies of the copy; and\n\n 4. make classroom and instructional use of the tangible copy.\n\nb. The provisions of subsection (a) may be varied by a term in a standard form\ncontract only if:\n\n 1. the term varying the provision is conspicuous;\n\n 2. the nonprofit library, archive or educational institution specifically\n manifests assent to the term pursuant to subsection (c) of § 59.1-501.12;\n and\n\n 3. where the term is not made available to the nonprofit library, archive or\n educational institution before it orders the tangible copy of the computer\n information:\n\ni. the nonprofit library, archive or educational institution knew or had reason\nto know that terms would follow when it ordered the copy; and\n\n ii. the nonprofit library, archive or educational institution is given the\n right to return the copy in the event that it refuses the contract and the\n right to be reimbursed for any reasonable expenses incurred in complying with\n the licensor’s instructions for returning or destroying the computer\n information, or in the absence of such instructions, the reimbursement of\n expenses incurred for return postage or similar reasonable expense in\n returning the computer information.\n\nc. Nothing in this section shall be construed to:\n\n 1. alter the burden of proof in an infringement, contract or other action;\n\n 2. authorize making the informational content available on a computer network\n server or other system for simultaneous access and use by multiple users; or\n\n 3. limit any defense that a term of a contract violates a fundamental public\n policy pursuant to § 59.1-501.5 including any such policy under the\n federal copyright law.\n\nd. For purposes of this section, the terms “nonprofit library, archive or\neducational institution” have the same meaning as used in sections 108,\n109 and 110 of the Copyright Act, 17 U.S.C. §§ 108, 109, and 110.\n\nHISTORY: 2001, c. 763.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}