                                 CODE OF VIRGINIA

LICENSES TO NONPROFIT LIBRARIES, ARCHIVES OR EDUCATIONAL INSTITUTIONS (§
59.1-503.10)

a. To the extent that the conduct is not otherwise unlawful or restricted under
the Copyright Act, 17 U.S.C. § 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. 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;

   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 standard form
contract only if:

   1. the term varying the provision is conspicuous;

   2. the nonprofit library, archive or educational institution specifically
   manifests assent to the term pursuant to subsection (c) of &#xA7; 59.1-501.12;
   and

   3. 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:

i. the nonprofit library, archive or educational institution knew or had reason
to know that terms would follow when it ordered the copy; and

   ii. 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&#8217;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. 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 computer network
   server or other system for simultaneous access and use by multiple users; or

   3. limit any defense that a term of a contract violates a fundamental public
   policy pursuant to &#xA7; 59.1-501.5 including any such policy under the
   federal copyright law.

d. For purposes of this section, the terms &#8220;nonprofit library, archive or
educational institution&#8221; have the same meaning as used in sections 108,
109 and 110 of the Copyright Act, 17 U.S.C. &#xA7;&#xA7; 108, 109, and 110.

HISTORY: 2001, c. 763.