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More than 9,600 publishers. Hundreds of thousands of authors & creators. Over 10,000 corporations and academic institutions.

Copyright and InterLibrary Loan

Dru Zuretti, M. Ed.




R ockwell Automation Electronic Data Systems Darden Restaurants Wyeth Fedex R.R. Donnelley & Sons Caterpillar Estee Lauder Boise Casca

Welcome and Introductions

Dru Zuretti, M. Ed.

Client Relationship Manager

Copyright Clearance Center

[email protected]

978-646-2472





Copyright..the quick version

Protection for the authors of “original works of authorship”

Gives owners of the copyright certain exclusive rights: To reproduce, prepare derivative

works, distribute copies, perform publicly, display publicly





Interlibrary Loan

Interlibrary loan (ILL): allows your institution's library to borrow books, journals and other copyrighted material from other libraries.

This type of service has been extended at most institutions to include the making and sending of copies even where no actual "loan" is involved.





ILL and The First Sale Doctrine

Appears in Section 109 of the Copyright Act

Interlibrary Loan of the library’s copy of a work is covered under First Sale





Photocopies and ILL

Sending a photocopy through ILL is covered by §108, which states that a library may supply a patron with a copy from their archives “or another library or archive”





Section 108(d)

“The rights of reproduction and distribution under this section which 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 copyright collection or periodical or issue, or to a copy or phonorecord of a small part of any other work if,





Section 108

1. the copy or phonorecord becomes the property of the user,

and the library has had no notice that the copy or phonorecord would be used for any other purpose than private study, scholarship or research; and





Section 108

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 the requirements that the Register of Copyrights shall prescribe by regulation.”





Section 108 (g)

“the rights or reproduction and distribution under this section extend to the isolated and unrelated reproduction or distribution of a single copy or phonorecord of the same material on separate occasions, but do not extend to cases where the library or archives, or its employee-





Section 108(g)

1. is aware or has substantial reason to believe that it is engaging in the related or concerted reproduction or distribution of multiple copies or phonorecords of the same material, whether made on one occasion or over a period of time, and whether intended for aggregate use by one or more individuals or for separate use by the individual members of a group, or





Section 108(g)

2. engages in the systematic reproduction or distribution of single or multiple copies or phonorecords of material described in subsection 9d): Provided. That nothing in this clause prevents a library or archives from participating in interlibrary loan arrangements that do not have as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work.”





CONTU

Guidelines created in 1976 by the Commission on New Technological Uses of Copyrighted Works (CONTU)

Purpose was to address concerns about reasonable amounts of copying for ILL

The Guidelines apply to Section 108(g) (2)





CONTU Guidelines: Rule of Five

During one calendar year, a library may borrow no more than 5 articles from any one periodical title newer than 5 years old

All ILL requests must bear a copyright notice

The requesting library must keep borrowing records for 3 calendar years





Copyright and CONTU

An official warning about copyright compliance must be visible where ILL requests are taken and on the ILL request forms





Form and Manner of Use

(1) A Display Warning of Copyright shall be printed on heavy paper or other durable material in type at least 18 points in size, and shall be displayed prominently, in such manner and location as to be clearly visible, legible, and comprehensible to a casual observer within the immediate vicinity of the place where orders are accepted.

(2) An Order Warning of Copyright shall be printed within a box located prominently on the order form itself, either on the front side of the form or immediately adjacent to the space calling for the name or signature of the person using the form. The notice shall be printed in type size no smaller than that used predominantly throughout the form, and in no case shall the type size be smaller than 8 points. The notice shall be printed in such manner as to be clearly legible, comprehensible, and readily apparent to a casual reader of the form.





Required Warning Notice

NOTICEWARNING CONCERNING COPYRIGHT RESTRICTIONS

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or otherreproduction. One of these specified conditions is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “fair use,” that user may be liable for copyright infringement.

This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.





What is the “Rule of Two”?

CONTU does not deal with the number or articles within one issue that may be delivered to a user

Restriction of one article per issue is found in Section 108(d)

If the article is obtained for a user via ILL, one article per issue applies, and royalties must be paid for the second article

Borrowing more than one article per issue for separate users is not a problem





The ILL Lender

Must check to see if the borrowing library’s request has indicated copyright compliance

Must provide the original notice of copyright

Or, if not available, must include the following copyright noticeNOTICE: THIS MATERIAL MAY BE PROTECTED BY COPYRIGHT LAW (TITLE 17 U.S.C.)





CCG (Conforms to Copyright Guidelines)

Use CCG when you are requesting a photocopy of an article from a journal if:

the article is dated within the last five years, AND

your library does not own the journal title, AND

this is the fifth or fewer request your library has made for this title within the current calendar year.





CCL (Conforms to Copyright Law)

Public domain works Requested item is older than five years and

meets test for fair use Number of copies received is more than

five but falls under fair use When the copy is for the collection (108(b):

allows copying of “unpublished works” for preservation; 108(c) allows copy of “published works” for preservation)





Digital ILL

Two definitions of Digital ILL: Scanning of paper content to be

digitally transmitted Delivering content from electronic

subscriptions or databases–Bound by licensing restrictions





ILL vs. Document Delivery

ILL is evolving with digital technology

ILL is becoming almost indistinguishable from ordinary “document delivery”





Fee Based vs. Non-Fee Based

End User Permission Required?

Within the institution of which the library is a part

No

Within a consortium of not-for-profit libraries all complying with Section 108.

No, if within CONTU Guidelines

Yes, if in excess of CONTU Guidelines, (and royalty fees may be required)

Another not-for-profit library complying with Section 108

No, if within CONTU GuidelinesYes, if in excess of CONTU Guidelines, (and royalty fees may be required)






When the copy provider is a not-for-profit library complying with Section 108


Unaffiliated individual user and no money collected for any reason in connection with the transaction

No

Unaffiliated individual user and money IS collected for any reason in connection with the transaction

Yes, (and royalty fee may be required)

All other users (particularly including business entities and their employees)

Yes, (and royalty fee may be required)






When the copy provider is a for profit entity, (such as a document delivery service, bookstore, or copy shop), or any other entity (that is not a Section 108 Library


Any person or entity. Any Purpose.

Yes, (and royalty fee may be required).





Questions are Welcome

Feel free to call CCC if you have questions regarding copyright!

Contact Us Copyright Clearance Center

222 Rosewood Drive Danvers, MA 01923 USA

Phone: 978-750-8400Fax: 978-646-8600E-mail: [email protected]

THANK YOU!

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