Re: In-house library photocopying

On Fri, 27 Mar 1998, Teresa Winning <interlib[_at_]ouvaxa.cats.ohiou.edu> wrote:
>
> I would like to elaborate on these questions as we have a similar
> situation here.
>
> Our HSL sends out copies of the Table of Contents for each journal the
> library subscribes to. Faculty circle or mark the articles they want
> copied and send their order in to the HSL staff. The articles are
> retrieved, copied and the patron is charged a fee for this service. In
> many cases, by sending out the table of contents, a particular article
> may be requested many times by different doctors at the college of
> medicine.
>
> Does this constitute a violation of free use?
>
> To muddy the water even further, if a libraries web page makes the table
> of contents for any or all of their journal titles, and also offers a
> document delivery service, is this considered fair use?

     There has been no litigation concerning copying and sending out or routing tables of contents of journals.

     Charging for copies raises the issue of whether the library qualifies for the section 108 exemptions if the copying is for direct or indirect commercial advantage (section 108(a)). In my opinion, unless the library makes a profit on the copying, there is no commercial advantage. Cost recovery is revenue neutral to the library.

     The issue to watch is found in section 108(d). The library may reproduce only one article from an issue for a user. If you want to reproduce more, then you need to request permission and pay royalties if requested.

Lolly
#&#&#&#&#&#&#&#&#&#&#&#&#&#&#&#&#&&#&&#&#&#&#&&&&#&#&#&#&#&#&#&#&#&#&

Laura N. Gasaway phone: 919-962-1049
Director of the Law Library &

        Professor of Law fax: 919-962-1193
Law Library, CB # 3385
Unversity of North Carolina
Chapel Hill, NC 27713 e-mail: laura_gasaway[_at_]unc.edu Received on Sun Mar 29 1998 - 20:53:39 GMT