Re: Library Inter-Library Loan Service

Having done further research on my document delivery question, I can ask a few more specific questions. The library is a 108a qualifying library under the copyright act. I believe all of our copying qualifies under 108d or 108e. The library requesting the information is not selling it (to our knowledge) and using it exclusively for research purposes. My understanding is that we can make a single copy under these circumstances. Section 108 requires the library to make no more than ONE copy. Since we scan the information and post it to a secret web page, we are making no more than one copy, however, the end user makes an additional copy. We, of course, destroy our copy.

The exact language of 108 states "... to reproduce no more than one copy ... of a work, or to distribute such copy ..." Does posting the copy to a web page constitute "distribution?" It is of course conceivable that we are distributing more than one copy but due to the secret nature of the URL, this seems unlikely.

One final twist to this scenario. I know that we could charge for this service as many copy and send services do (cost recovery). In this situation, the law firm paid half the bill for the scanner that we use to put the articles on the web. Is this a legitimate form of cost recovery?

TIA Matthew Wright
c/o Emily Greenberg
University of Baltimore Law Library
Baltimore Maryland
<matwright[_at_]ubmail.ubalt.edu> Received on Tue Jul 27 1999 - 12:35:26 GMT