[ILL-L] copyright note

[STEPHENS_JA at Mercer.edu]

Hi Mike, while it's true that CONTU addresses the systematic reproduction and 
distribution working of 108(g), I'm not sure it's fair to say that they aren't 
related to 108(d).  Both refer to 108(d) in order to define the materials that 
are being referred to, and due to the ambiguity of 104(d), I think it's fair 
to try and look to 108(g) and CONTU to form an opinion when trying interpret 
what the "no more than one article" in 108(d) refers to.  Besides this, there 
are other little things that don't quite "jive" for me: the fact that "only" 
modifies article and not copy in 108(d), the lack of reference to individual 
patrons actions elsewhere when referring to aggregate library borrowing, and 
the general structure of 104(d) that seems to indicate "one article" is a 
definition, not a condition.  I'm not saying I've got a good legal foot to 
stand on in my thinking, but I'm also not very satisfied with the only support 
I've seen for the narrow interpretation: that our copyright gurus say so.

(I'm not being argumentative, really!  But I'd love to hear a more thorough 
reason for why to interpret 104(d) on the narrow definition)

John


>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
>>
>>
>>
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