[ILL-L] Copyright questions

Fri May 30 12:28:47 EDT 2008

The reference to one article per issue is in Section 108(d).  Section
108(g) goes on to state that "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...."  Do others read the 108(g) exception
as permitting a second (or third) copy of a single article in an issue
upon request of different patrons at different times (assuming that the
CONTU guidelines would not otherwise require payment for extra copies)?
In that case, I wonder whether, with regard to Kate's question, a copy
of an article from an issue published 6 years ago might be isolated and
unrelated and allowed under Section 108(g).

Just a thought, not legal advice of course.

Katie Fearer
Librarian, Interlibrary Loan and Periodicals
Alaska State Library
907-465-2988

Katie Fearer
Librarian, Interlibrary Loan and Periodicals
Alaska State Library
907-465-2988

-----Original Message-----
From: ill-l-bounces at webjunction.org
[mailto:ill-l-bounces at webjunction.org] On Behalf Of Kate Irwin-Smiler
Sent: Friday, May 30, 2008 6:44 AM
To: 'Interlibrary Loan Listserv'
Subject: RE: [ILL-L] Copyright questions

I have a sort of practical issue that makes me wonder about your
interpretation, Ursula. If, as you suggest, one article from one issue,
ever, ever, until the end of time, and after that get a license ...
Wouldn't we be required to keep records for ever and ever as well? My
understanding of the law (via Boucher) is that three calendar years plus
the current year covers it. Given that records retention, how could we
possibly know if we ordered an article from a particular issue of a
journal, say, six years ago?

As I read the law, "the user makes his or her request or from that of
another library or archives, of *no more than one article or other
contribution to a copyrighted collection or periodical issue*," - refers
to "the" user, not "a" user, or "any" user. I think it refers to one
user.

But again, I'm not a lawyer. I'm just reading the law.

Kate

Kate Irwin-Smiler, J.D., M.L.S.
Senior Research Librarian
Western New England College School of Law
1215 Wilbraham Road
Springfield, MA 01119
ph. 413-782-1459
fax 413-782-1745

-----Original Message-----
From: ill-l-bounces at webjunction.org
[mailto:ill-l-bounces at webjunction.org] On Behalf Of Ursula Scholz
Sent: Wednesday, May 28, 2008 5:56 PM
To: ill-l at webjunction.org
Subject: Re: [ILL-L] Copyright questions

Hi,
I will try to help out.

First, you should understand that copyright law forbids any copying of
any article, except for in certain specific cases that are permitted by
law.  And yes, ILL is covered under section 108 (d), which says:
"(d) The rights of reproduction and distribution under this section
apply to a copy, made from the collection of a library or archives where
the user makes his or her request or from that of another library or
archives, of *no more than one article or other contribution to a
copyrighted collection or periodical issue*, or to a copy or phonorecord
of a small part of any other copyrighted work, if    " (bolding and
asterisks mine)
The exception only applies to one article per issue.  No other
allowances are granted by law.  (CONTU guidelines are just guidelines
and not law, so they don't override any restrictions under the actual
code.)

Note that the exception does not say "one article per year" or "one
article per patron" - it says one article, period.  There's no amount of
time after which you can legally get additional copies without getting
permission.

I hope that helps clear it up a bit.  (Note: I am not a lawyer but have
given a number of copyright presentations.) Best, Ursula

****************************
Ursula Scholz
Head, Access Services
uscholz at luc.edu / 773-508-2636
Cudahy Library
Loyola University Chicago

>>> "Purtee, Beth" <BPurtee at trevecca.edu> 5/28/2008 4:23 PM >>>

Greetings,

The message (at the bottom of this email) was posted in March on the
listserv in response to the subject "borrowing entire issues one article
at a time."
I hope some kind soul(s) can help me out.  I am working on a
presentation and would like to include information on this restriction
of the one article from single issue for the same patron, but I would
like to be explicit as to what section of the law (or guidelines)
governs this.  Is it U.S.
Copyright
Code Section 108(d) or something else?

I hope I am clear on this next question.  Is this restriction in effect
no matter what the date of publication?  Specifically, is this
restriction only when going outside the CONTU guidelines (i.e. for
issues published prior to
the latest 5 years?)   Or can you still not order without paying
copyright
in any case even if otherwise it would be within the 5 allowed by the
CONTU guidelines?  And I assume this one per issue per patron is for a
single calendar year.

Last question for now, could someone give me more information about how
paying copyright fees to the CCC works?   Do you have to be registered
with
them and is there a fee - annual or otherwise for that?  Or can you just
go in and pay on an as-needed basis?

Thank you in advance for helping me to clarify a few things.

Beth 

Beth Purtee

Interlibrary Loan Services Librarian

Waggoner Library

Trevecca Nazarene University

615.248.1455

bpurtee at trevecca.edu <mailto:bpurtee at trevecca.edu> 

"Do not be overcome by evil, but overcome evil with good."      Romans
12:21

[Original message posted to ILL-L listserv March 2008]

Recently I found out, I think it's correct, that you can't get more than
one article from a single issue of a periodical for the same patron
without paying copyright, so I've tried to borrow some issues, and I've
paid some copyright. It's only happenned 4-5 times this semester, Ed. 

Beth Purtee

Interlibrary Loan Services Librarian

Waggoner Library

Trevecca Nazarene University

615.248.1455

bpurtee at trevecca.edu <mailto:bpurtee at trevecca.edu> 

"Do not be overcome by evil, but overcome evil with good."      Romans
12:21

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