[ILL-L] Copyright questions

Fri May 30 17:51:21 EDT 2008

Actually I think your interpretation of "the user" versus "any user" makes sense.  It sounds defensible to me, at any rate.

As to the first question, several years ago I attended a copyright workshop led by Laura Gassaway (http://www.unc.edu/~unclng/index.htm) and that exact question came up.  Her response is that if you should reasonably have known that the user was ordering 2 articles from the same issue, then you may be liable for the infringement.  If there is no reasonable way that you could have known, then you are not as likely to be held liable.  In my own work I usually see the 2 or more articles right there in a row so there's no way for me *not* to be aware that it's an infringement.  But I don't check every request to see if it's ever been ordered before - just not reasonable.  Anyway, that's my 2 cents.

Have a great weekend,
Ursula

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

>>> "Kate Irwin-Smiler" <kirwin at law.wnec.edu> 5/30/2008 9:43 AM >>>
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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