[ILL-L] Copyright question

[interlib at duluth.lib.mn.us]

Sean -

As long as the material is not in the public domain (two public domain situations that come to mind: published earlier than 1923 or U.S. government publication), section 108 (d) limits you to one article per issue for a given user.  This is separate from the section 108 (g) restriction to 5 articles from the past five years for a given title. (So none of those 5 articles can be from the same issue as another of the five).  The various subsections of section 108 define library exceptions to the copyright owner's right to control reproduction of their work if they wish. (http://www.copyright.gov/title17/92chap1.html#108)

Margaret is right that beyond the library exceptions, you can always try to get permission to make additional copies from the copyright owner.  The Copyright Clearance Center has been set up to make it convenient to find out and pay copyright fees for copies that do not fall within the section 108 exceptions. (www.copyright.com).  

As I understand fair use, it would be hard to make a fair use claim for that second article in the same issue.

You are not, however, required to keep records with enough detail to ensure that you NEVER request a second article from the same issue for a patron.  So if time has passed and you don't realize that the patron has previously requested an article from the same issue, not a problem.  If the requests come in at the same time, however...

I'm not a lawyer, but have been paying attention to Ill and copyright for a while.  Above summarizes what I've gotten from several copyright workshops over the years.  (There was a discussion on the list a number of years ago where alternative readings of section 108 (d) were presented, but I don't remember them now.  Perhaps someone who has an alternative view will respond also.)  

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

>>> "Document Delivery" <DocDelivery at iona.edu> 8/3/2009 10:07 AM >>>
My understanding is that you can get one article from an issue of a
periodical for a patron, after that you have to pay copyright. Other
people say this only applies to CCG articles, others say it's only
dependent on the rule of five.

 

Edward Helmrich 
Interlibrary Loan Office 
Ryan Library 
Iona College VXI 
914-633-2352 
docdelivery at iona.edu 

 

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