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Interlibrary loan (ILL)
is permitted as long as the library receiving copies does
not substitute ILL for subscriptions to or purchase of
copyright-protected works.
Section
108 allows isolated and unrelated reproduction of
a single copy, as opposed to systematic copying.
(NOTE: Rights of reproduction
and distribution for ILL under Section 108 do NOT
apply to musical, pictorial, graphic, or sculptured
works; or to a motion picture or other audiovisual
work other than one dealing with the news.)
Indicating Copyright Notice
The reproduction or distribution of the work MUST
include a notice of copyright that is reproduced from
the work. If no such notice can be found, a legend stating
that the work may be protect by copyright is required.
The required wording is “THIS MATERIAL
MAY BE PROTECTED BY COPYRIGHT LAW (TITLE 17 U.S. CODE).”
The notice may be recorded by:
- Stamping the notice on first page, or
- Using a sheet with the notice permanently printed,
or a transparency overlay if scanning directly from
the original material, or
- Keying the notice to appear on the machine-generated
cover sheet.
CONTU Guideline Limits on ILL Copying
The Commission on New Technological Uses of Copyrighted
Works (CONTU)
recommended changes to copyright law that addressed changes
in technology. Some of those changes affected the reproduction
of works under Section 108. The CONTU guidelines are different
for serials and monographs.
Limits on ILL Copying of Serials
CONTU guidelines indicate that during one calendar year,
no more than 5 articles may be copied (in any combination)
for one periodical title published within the last five
years.
- A sixth copy might indicate systematic
copying, which is prohibited.
- Older periodicals are exempt from the copy limitations
of Section 108.
Limits on ILL Copying of Monographs (including fiction & poetry)
CONTU guidelines indicate that within any calendar year,
filled requests should not exceed a total of 6 or more
copies of or from a given work during the entire period
that the material is protected by copyright.
After Reaching the CONTU Guidelines
Limits
There are still several viable options to pursue once
the library reaches the copying limits set forth in the
CONTU Guidelines.
- Subscribe to the serial or add the
monograph to the library's collection, or
- Borrow whole issue of serial;
- Borrow whole monograph;
- Get reprint (possible fee);
- Ask permission to copy and get it in
writing;
- Send patron to a holding library;
- Wait for new calendar year to place
request if feasible.
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