When The Library Is Held Liable 1: Systematic Copying
§ 108. Limitations on exclusive rights: Reproduction by libraries and archives
(g) The rights of reproduction and distribution under this section extend to the isolated and unrelated reproduction or distribution of a single copy or phonorecord of the same material on separate occasions, but do not extend to cases where the library or archives, or its employee —
(1) is aware or has substantial reason to believe that it is engaging in the related or concerted reproduction or distribution of multiple copies or phonorecords of the same material, whether made on one occasion or over a period of time, and whether intended for aggregate use by one or more individuals or for separate use by the individual members of a group; or
(2) engages in the systematic reproduction or distribution of single or multiple copies or phonorecords of material described in subsection (d): Provided, That nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work. (US Copyright Office, n. d.)
A library is held liable if it knowingly engages in systematic copying or distribution of an item without owning it. This catch is especially problematic in regard to journals. How many articles can you copy before having to buy the journal? Although there is no specific number of copies a library may make without breaking this law, the library´s written policy should be in place to guide the librarian. This section does not limit ILL activities, provided the loaning library doesn´t make a copy for itself.