====> IANAL either, but I'm not sure that I'd be as sanguine as Joe
Ellison is on this. After all the "lending"* library is actually doing
the copying. "He asked me to do it," is only an excuse for infringement
to the extant that section 108 says that it is. It's not at all clear
that section 108 indemnifies in the case of multiple articles from a
periodical issue. Although section 108 (d) DOES seem to provide
explicit, statutary protection for copying a single article, the "rule
of 5" of course is not in any statute, it is rather an attempt to
clarify what constitutes "aggregate quantities as to substitute for a
subscription to, or purchase of such work."
*in quotes because there is no lending (which would be explicitly allowed under section 109) going on at all, is there?
-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property
[mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Joe Ellison
Sent: Friday, August 12, 2005 7:00 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property
Subject: [CNI-(C)] Re: ILL Lending - responsibilities for copyright
==============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
#############################################################This message is sent to you because you are subscribed to the mailing list <CNI-COPYRIGHT[_at_]cni.org>. To unsubscribe, E-mail to: <CNI-COPYRIGHT-off[_at_]cni.org> To switch to the DIGEST mode, E-mail to <CNI-COPYRIGHT-digest[_at_]cni.org> To switch to the INDEX mode, E-mail to <CNI-COPYRIGHT-index[_at_]cni.org> To postpone your subscription, E-mail to <CNI-COPYRIGHT-null[_at_]cni.org> Send administrative queries to <CNI-COPYRIGHT-request[_at_]cni.org>
Visit the CNI-COPYRIGHT e-mail list archive at <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. Received on Tue Aug 16 2005 - 02:10:00 GMT
This archive was generated by hypermail 2.2.0 : Mon Mar 26 2007 - 00:35:55 GMT