[ILL-L] Copyright Question regarding replacement pages in journal binding

[interlib at duluth.lib.mn.us]

John -

I'm pretty sure you don't have to bother with the Copyright Clearance center.  As lender, your end of the transaction is to be sure the borrower has included the appropriate copyright compliance statement: ccg, or ccl (copyright guidelines, or copyright law)

The borrower, on the other hand, could  have the responsibility to run the request through the Copyright Clearance Center (or otherwise gain permission to copy), but in this case doesn't have to, exactly because of the reason you cite: they are replacing pages in an item they already subscribe to. (this from the CONTU guideline, #2:  

"In the event that a requesting entity:  (a) shall have in force or shall have entered an order for a subscription to a periodical, ...because the material to be copied is not reasonably available for use by the requesting entity itself, then the fulfillment of such request shall be treated as though the requesting entity made such copy from its
own collection. "

(Assuming, of course that the library in question qualifies for section 108 privileges (section 108 (a) 2) "the collections of the library or archives are (i) open to the public, or (ii) available not only to researchers affiliated with the library or archives or with the institution of which it is a part, but also to other persons doing research in a specialized field")

But as lender, you don't have to worry about any of that as long as you get a compliance statement per above.

I'm not sure how the request coming from the bindery rather than from the owning library muddles things (It's acting on behalf of the owning library but does not itself qualify for section 108 privileges, nor does it have "an order for a subscription to [the]  periodical..."), but I'm guessing that if you could have the owning library send you a valid ILL request for the pages, you would could then just fill it like any other ILL photocopy request.

My best guess, anyway.

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 Klima <john.klima at palmer.edu> 10/17/2008 2:12 PM >>>

We've been contacted by a bindery to get replacement pages for binding they are doing for a different institution.

If I supply the missing pages, do I run the request through Copyright Clearance? We're essentially doing document delivery to the bindery. We're not replacing pages for ourselves, this is for someone else.

All the examples of copyright in regards to replacement pages that I'm finding say something along the lines of: "Copies may be acquired for the purpose of replacing missing or damaged pages without obtaining permission or checking for availability." But in each case, they're talking about replacing pages in the bound journals that are part of their holdings.

Are replacement pages 'replacement pages' regardless of who they're for?

John Klima, MLIS 
Access Librarian 
Palmer College of Chiropractic 
1000 Brady Street 
Davenport, IA 52804 
john.klima at palmer.edu 
563-884-5465 office 
563-884-5897 fax 
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