Re: 1976 Copyright Act 108(d)

From: Bob Stock <bstock[_at_]mindspring.com>
Date: Sat, 14 Aug 1999 08:05:46 -0700

On 8/13/99, Rose Marie Parsons <rmparson[_at_]usd.edu> wrote:
>
> 1. Does 108(d) of the 1976 Copyright Act apply to in-house copying,
> to copying for interlibrary loan, or to both?

The first part of 108(d) says:

   "The rights of reproduction and distribution under this section    apply to a copy, made from the collection of a library or archives    where the user makes his or her request OR from that of another    library or archives..."

(emphasis added)

So it applies to both.

> 2. If 108(d) applies to interlibrary loan, is a library's interlibrary
> loan office required to keep a record including the patron's name
> of each request submitted in order to ensure that only one article
> per issue is requested for an individual user?

Not unless some other statute or regulation requires it. 108(d) doesn't.

108(g) states that the reproduction rights under 108(d) do not apply if the library "has substantial reason to believe" that multiple copies are being made.

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Bob Stock <bstock[_at_]mindspring.com>
http://www.geocities.com/Paris/1206/

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Received on Sat Aug 14 1999 - 15:05:54 GMT