Re: ILL Lending - responsibilities for copyright compliance

From: Joe Ellison <j-ellison[_at_]northwestern.edu>
Date: Fri, 12 Aug 2005 19:00:01 -0400

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==============Original message text=============== On Fri, 12 Aug 2005 3:55:00 pm CDT "Sheryl A. Williams" wrote:

I'm relatively new to the world of Interlibrary Loan Lending and copyright issues, and I've been surfing for answers to some ILL copyright questions. I just ran across this terrific forum, and already got a lot of help from your archives.

I wonder could someone clarify for me the responsibility we have for copyright compliance as Interlibrary Loan lenders. We received six requests today for articles from a single issue of a periodical, all from the same library, all for the same patron. Normally I consider the borrowing library responsible for copyright compliance, but this seems extreme.

The journal issue is from 2005. The borrowing library put "CCL" in the copyright compliance field of the request forms. I would have thought "CCG" for compliance with the rule of 5 was the appropriate designation for a recent journal? If they'd specified CCG, would I be safe in assuming they'd paid the appropriate copyright fees and we as lenders are not liable?

Since they put CCL instead, I'm confused. Should I refuse the requests for copyright compliance because they put CCL? Because they asked for more than 5 articles? Because they asked for more than one from a single issue? Can I fill one, five, all, or none of these requests? Thanks in advance for any advice.

Sheryl Williams
<snip>

===========End of original message text=========== Sheryl,

IANAL, but I am an interlibrary loan person. As I understand it, the lender really doesn't need to be concerned--it's the borrower's problem. That said, CCL is the correct indication. The "suggestion of 5" would not allow all 5 articles to be from the same issue, so CCG doesn't apply. CCL indicates they intend to adhere to copyright law, and pay royalties on all but the first article from the issue. You really only need be concerned if they have indicated neither CCL nor CCG.

Joe Ellison
Transportation Library
Northwestern University Library
phone: 847-491-8600
fax: 847-491-8601
j-ellison[_at_]northwestern.edu Received on Sat Aug 13 2005 - 03:00:01 GMT