[ILL-L] Copyright question

[Ellingson, Margaret W]

The copyright law describes, often in very general terms,  how many copies you can request via ILL without paying royalties.  If you believe the copies you need to request exceed what's allowed under Section 108 or Fair Use (Section 107), you can request as much as your users need as long as you are willing and able to pay royalties on the copies (or ask for permission, which could be free, but don't count on it).  If you can't or don't want to pay royalties, you can try to borrow an entire issue or volume, as has also been mentioned.  However, borrowing relatively current issues isn't usually possible.  - Margaret

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Margaret W. Ellingson                   EMAIL: margaret.ellingson at emory.edu
Interlibrary Loan/Reserves            PHONE: 404-727-6893
R. W. Woodruff Library                FAX: 404-727-0052
Emory University                            ARIEL: ariel.library.emory.edu
Atlanta, GA 30322-2870  USA      OCLC: EMU * NUC: GEU
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From: ill-l-bounces at webjunction.org [mailto:ill-l-bounces at webjunction.org] On Behalf Of Heeks-Heinlein, Maria
Sent: Monday, August 03, 2009 10:04 AM
To: Interlibrary Loan Listserv
Subject: RE: [ILL-L] Copyright question

Hello,

I just went to a webcast training on copyright last week (Libraries & Copyright in the Digital age). I learned a lot, but I still have so much more to learn.  I am certainly not a lawyer but I took away the following information from the training.

According to the "Copyright Law of the United States of America" http://www.copyright.gov/title17/92chap1.html

Section 108(d)

(http://www.copyright.gov/title17/92chap1.html#108)

Only one article per issue is allowed to be requested by a library.

It is my understanding that you may request an entire issue through ILL, not copies but the actual issue, and then the patron can read what articles he/she wants from that. This being said, there were several exceptions to various parts of this law.  I am sure others out there, especially those with a law background or many years experience in dealing with Copyright, are more knowledgeable on this topic than I am.


Maria



Maria Heeks-Heinlein
Inter-Library Loan
Rochester Public Library
(585) 428-8176 (phone)
(585) 428-8166 (fax)
Maria.Heeks-Heinlein at libraryweb.org
From: ill-l-bounces at webjunction.org [mailto:ill-l-bounces at webjunction.org] On Behalf Of Sean Crowley
Sent: Monday, August 03, 2009 8:46 AM
To: ill-l at webjunction.org
Subject: [ILL-L] Copyright question

Hi all,

I have a patron who has requested 3 articles from the same journal volume and issue.  Are there any copyright restrictions (other than CCG) on the number of articles a single patron can request from a single issue of a periodical?

Thanks,

Sean

L. Sean Crowley
ILL Coordinator, Grafton Library
Mary Baldwin College
Staunton, VA 24401
(540) 887-7317
lcrowley at mbc.edu<mailto:lcrowley at mbc.edu>

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