Interlibrary Loan Copyright Guidelines

9/26/12

Interlibrary Loan involves both Lending (Lending Drew’s materials [books, book chapters and articles from journals] to other libraries) and Borrowing (Borrowing books, book chapters and articles for Drew’s faculty, staff and students). Libraries follow section 108 of the Copyright Act of 1976. The CONTU act of 1978 further defines section 108.

Lending:

• License agreements with publishers dictate lending policies and transmission methods of electronic journals.
• CONTU (publications less than 5 years old) or CCG(publications greater than 5 years old)  compliance statements must be present on all requests received by the lending library.
• All articles or book chapters sent should include a copyright notice*

Borrowing:

• Copyright notice must be present on all ILL request forms.*
• Rule of Two: libraries may borrow one article per issue, per patron. For second and subsequent copies, copyright permission must be requested, and possible royalties paid.
• Suggestion of Five: libraries may borrow up to five articles from the same journal, or chapters or small portions of a non-periodical, in a calendar year, for dates five years or less from today’s date.  For subsequent copies, copyright permission must be requested and possible royalties paid. For books chapters, the book should be purchased.
• For copies of an entire book, the borrowing library must determine that a copy cannot be obtained at a fair price.
• A compliance statement should be transmitted along with the ILL request to the lending library.
• Libraries must retain records of all ILL requests for three years.
• Copies of articles and book chapters obtained via ILL may not be placed on Reserve or posted to Moodle without first obtaining copyright permission_._
  

Reference:

Interlibrary Loan Copyright Guidelines and Best Practices, Copyright Clearance Center, 2007.

http://www.copyright.com/media/pdfs/ILL-Brochure.pdf

*Copyright notices:

On ILLiad borrowing form: 

Important Copyright Information: WARNING CONCERNING COPYRIGHT RESTRICTIONS The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted materials. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research". If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use", that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.

On lending email to transmit articles:

Copyright Warning:

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.  Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction.  One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship or research."   If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.

No further reproduction or distribution of this copy is permitted by electronic transmission or any other means.

On email transmitting articles received from other libraries to Drew patrons:

Copyright Notice:

No further reproduction or distribution of this copy is permitted by electronic

transmission or any other means."

On email notifying Drew patrons that books obtained from other libraries have arrived:

Copyright Warning:

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.  Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction.  One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship or research."   If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.

No further reproduction or distribution of this copy is permitted by electronic transmission or any other means.