[ILL-L] RE: Copyright question

[Anderson, Freya N (EED)]

The 10% thing is an urban legend.  The amount used is one of the four
factors of fair use, but it's just one, to be balanced with the others.
And even this factor doesn't have a 10% rule.  A small percentage of the
total text or pages can be considered a large portion if it's determined
to be the meat of the work, so to speak.
 
In this case, you could do a fair use analysis (see the handy tool:
http://www.copyright.iupui.edu/checklist.pdf) and make a determination.
I, personally, would probably determine that I would need to clear
copyright for the second standard.  To get opinions from other
librarians and copyright experts, try posing your question in the forums
at the Copyright Advisory Network
(http://librarycopyright.net/wordpress/).
 
Freya
************************** 
Freya Anderson 
Head, Public Services 
Alaska State Library     
PO Box 110571 
Juneau, AK 99811-0571 
Phone: 907-465-2942, Fax: 907-465-2665 

Visit us on the web: http://library.state.ak.us
<http://library.state.ak.us/>  


________________________________

	From: ill-l-bounces at webjunction.org
[mailto:ill-l-bounces at webjunction.org] On Behalf Of Robinson, Arthur 
	Sent: Thursday, February 12, 2009 7:15 AM
	To: Interlibrary Loan Listserv
	Subject: Copyright question
	
	
	 
	I have another copyright question.  

	 

	An instructor here has just requested two ASTM standards.  I
think I've finally tracked them down, and, after many tries in online
catalogs, found a library (LVIS to boot) that actually has the volume I
need in hard copy.  The catch:  both are in the same volume.

	 

	Would it be kosher to request photocopies of both of these
without going through the Copyright Center?  The volume is 1244 pages,
and the standards are 21 pages and 4 pages, so 25 pages would be well
under 10% of the total-but I'm not sure whether that 10% of the total
number of pages in the book is an actual copyright guideline for fair
use or an urban myth/library legend (I took a quick look at CONTU but
may have missed the relative passage).

	 

	Yes, I know these standards can be purchased online, butI gather
the patron wants them free.  If ordering both on ILL would be
questionable, probably the easiest and cheapest procedure would be to
order the longer one on ILL and pay for the other online.

	 

	Thanks for any advice!

	 

	Arthur Robinson (GLG), M.L.S., P.A.C. (paranoid about copyright)

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