[ILL-L] copyright note

[interlib at duluth.lib.mn.us]

John -

The CONTU guidelines were written specifically to address concerns about section 108(g).  Section 108(d) is not related to the guidelines and is interpreted separately.  It has no time limitations (aside from the general copyright limitation for public domain).  Laura's interpretation is the one I've always heard as correct: one article from any given periodical issue for a given patron, as long as we know that the patron has requested from that periodical issue before (which limits that to requests that come in at the same time or within a few weeks of each other, given my aging memory), regardless of whether that issue was published yesterday or in 1923 (The date items are not automatically in the public domain).

At least, that's what my copyright gurus have always said.  

So I think Ed is correct.

Mike Grossman

Interlibrary Loan Office
Duluth Public Library (DUD)
520 West Superior St.
Duluth MN 55802
ph: 218-730-4228; fax: 218-723-3815; e-mail: interlib at duluth.lib.mn.us

>>> John Stephens <STEPHENS_JA at Mercer.edu> 6/26/2008 8:19 AM >>>

My thinking is that section 108(d) is not meant to make this specific 
limitation (assuming that's what you're referring to from the discussion 
a month of two back.)  I take the single article from a periodical to 
just be a part of the definition of what a copy is.  We take it for 
granted that if you order a "copy" through ILL that you're already 
referring to ordering a single article, but this isn't necessarily the 
case for everyone.  I also think that it's somewhat unnatural and overly 
strict compared to the rights that Section 108 provides in general, and 
the fact that I don't see any mention of 108(d) interpreted this way in 
the CONTU guidelines makes me think that this interpretation wasn't 
intended.  You've still got the whole not copying a major part of any 
one work to deal with, but one article from one issue max seems a bit 
too narrow to me.  Then again, I wouldn't say I feel strongly about it :p

John Stephens
ILL Coordinator
Swilley Library (GMA/GAUMUD)

Document Delivery wrote:
> I really am leaning toward thinking that we can't borrow more than one
> article from a single issue of any periodical, does anyone feel strongly
> otherwise? Thanks, 
>
>
> Edward Helmrich
> ILL Office
> Ryan Library
> Iona College VXI
> 914-633-2352 
> docdelivery at iona.edu
>
>
>
> _______________________________________________
> ILL-L mailing list
> ILL-L at webjunction.org
> http://lists.webjunction.org/mailman/listinfo/ill-l
>
>   


_______________________________________________
ILL-L mailing list
ILL-L at webjunction.org
http://lists.webjunction.org/mailman/listinfo/ill-l
-------------- next part --------------
Skipped content of type multipart/related