[ILL-L] BOOK CHAPTERS

Wed Oct 28 20:52:25 EDT 2009

There is nothing in US copyright law that prohibits the copying of a small portion of a book, e.g. a chapter, for the non-profit use of a requester.  It's analogous to copying an article from a journal and both kinds of copies are explicitly OK for libraries to make.  The relevant section of copyright law (other than 107, Fair Use) is 108(d), which reads (emphasis added):

108 (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 -

(1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research; and

(2) the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation.

The next section, 108(e), goes even further, allowing the reproduction of much or all of an entire work under certain circumstances:

108(e) The rights of reproduction and distribution under this section apply to the entire work, or to a substantial part of it, 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, if the library or archives has first determined, on the basis of a reasonable investigation, that a copy or phonorecord of the copyrighted work cannot be obtained at a fair price, if -

(1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research; and

(2) the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation.

All of Section 108 (& the entire copyright law, for that matter) is available at http://www.copyright.gov/title17/92chap1.html#108.

Hope this helps!

Margaret Ellingson
********************************************************************************
Margaret W. Ellingson                   EMAIL: margaret.ellingson at emory.edu
Interlibrary Loan & Reference      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 Harlene Hansen
Sent: Wednesday, October 28, 2009 4:46 PM
To: ill-l at webjunction.org
Subject: Re: [ILL-L] BOOK CHAPTERS

I'm glad to see this discussion.   I have always been told that we send the book because of copyright restrictions.
It is definitely cheaper to send the chapter via Ariel than mail the book.    Does no one else see the copyright side of this?

Harlene Hansen, Reference Assistant
(319) 399-8016
Stewart Memorial Library
Coe College
1220 First Avenue NE
hhansen at coe.edu
Cedar Rapids, Iowa  52402
Direct: (319) 399-8016

>>> "Breedlove, W Stephen" <breedlov at lasalle.edu> 10/28/2009 11:19 AM >>>

This issue may have been discussed on this list before.  But here goes:

For the life of me, I cannot understand why a library that receives a request for a book chapter will send the book rather than scan the chapter and send the article through Ariel or Odyssey or email.  This morning, we received a book from which we requested a ten or so page chapter.  The supplying library paid UPS fees to send the book to us and we will in turn have to pay UPS fees to send it back to them after we copy the chapter.  By sending the book rather than copying the chapter, the book could get lost or damaged in transit.  Plus, supplies such as shippers and tape are needlessly used.

I could understand this if a library had no staff to copy or was "swamped," but it seems to me even in these cases they could just say NO and let the request go on to the next library who might copy the chapter.

Currently, we are operating on a restrictive budget as far as postage and UPS expenses--and supplies--are concerned.  We are using every angle possible to keep expenses to a minimum.  We always copy a chapter rather than send the book, unless the chapter is very, very long.  Copying a chapter is not violating copyright as far as I know.

Thoughts?

W. Stephen Breedlove
Reference and Interlibrary Loan Librarian
La Salle University Library
breedlov at lasalle.edu
215-951-1862

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