See responses below:
Lolly
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% Laura N. Gasaway Phone: 919-962-1049 Director of the Law Library & Professor of Law Fax: 919-962-1193 CB # 3385 University of North Carolina e-mail: laura_gasaway[_at_]unc.edu Chapel Hill, NC 27599 http://www.unc.edu/~gasaway.htm
On Fri, 3 Jul 1998, Annanaomi Sams <asams[_at_]library.tmc.edu> wrote:
>
> A librarian in my region has posed some copyright questions for which I
> would like opinions from the listserv.
>
> She is in a non-profit medical library that serves physicians located
> outside of its immediate geographic location. Patrons are, therefore,
> not able to actually come to the library to photocopy articles requested
> but rely on the library to photocopy articles on a cost-recovery fee
> basis.
>
> The librarian would like an interpretation of 17 USCA 108[g] [West
> 1996] that "does not authorize the related or concerted reproduction
> 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 individual or for separate use by the individual
> members of a group."
>
> Does this section of the law apply to photocopying articles
> requested from a reading list presented at a workshop or for a
> take-home test for board recertification?
In my opinion, "concerted or related reproduction" does not mean making copies for one user from a reading list but would apply to making one copy of an article for each member of a journal club. So, if the library is doing concerted reproduction, then royalties should be paid. This is true whether the materials are found in its collection or notl.
> photocopies from the same list of reading materials, should the library
> pay copyright fees for materials from its own collection?
>
> For the first copy, the second copy, or any copies over five?
The "five" you are thinking about is the so-called "suggestion of five" in the CONTU Interlibrary Loan Guidelines. It does not apply to in-house copying.
> Does the library have to keep records by individual requestors and by
> journal title and specific issues?
No, again you are mixing ILL with in-house copying.
> Or does fair use cover this photocopy service and allow the library to
> present itself as a surrogate patron for library users who can not come
> to the library to copy their own materials?
Yes.
> If a library has a reference service in which librarians run literature
> searches and select articles and provide photocopies from its own
> collection, should the library pay copyright fees on all these materials
> photocopied to answer reference questions?
No. If the library is a nonprofit library and there is no profit made on such copying, there is no need to pay royalties for copies made and supplied in order to answer a reference question. If, however, the library document delivery service is a profit-making center (as opposed to cost recovery), then I believe royalties should be paid. Received on Sat Jul 04 1998 - 19:56:32 GMT
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