Gibbons Works

[jfarrington]

And here's the finding of the Section 108 Study Group, which seems like it would have bearing here:

Virtual Libraries and Archives Issue:
Section 108 is generally interpreted to exclude virtual-only libraries and archives (those that do not conduct their operations through physical premises). Should such entities be permitted to take advantage of the section 108 exceptions?
Outcome:
Currently there are very few examples of virtual-only libraries and archives that meet the existing and recommended criteria for section 108 eligibility. The Study Group discussed, but did not agree on, whether it is premature to determine if virtual-only libraries and archives should be covered by section 108.

[steltz]

Not necessarily a legal argument, but an observation that has some legal questions attached:

How does "one only" get interpreted? If every few months a person wants a copy for study purposes, and the library gives him one copy, then that is in effect no different than one person at a time downloading something from IMSLP. Over time, multiple copies are made.