Fair use, as determined by U.S. Copyright law, Title 17, Copyrights,
United States Code section
107, allows for the reproduction of copyrighted material for criticism, comment, news
reporting, teaching (including multiple copies for classroom use), scholarship, or
research. The categories used in determining fair use are:
(1) the purpose and character of the use, including whether
such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or
value of the copyrighted work.
U.S. copyright law, Title 17, Copyrights, United States
Code, strictly limits the ability of the Interlibrary Loan staff to obtain journal
articles. Under section 108(d), "Limitation on exclusive rights: Reproduction by
libraries and archives," libraries are authorized to furnish a photocopy.
108(d)reads:
"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, of no more than
one article or other contribution to a copyrighted collection or periodical issue, or to a
copy or phonorecord of a small part of any other copyrighted work, if-
(1) the copy or phonorecord becomes the property of the
user, and the library or archives has had no notice that the copy or phonorecord would be
used for any purpose other than private study, scholarship, or research; and
(2) the library or archives displays prominently, at the
place where orders are accepted, and includes on its order form, a warning of copyright in
accordance with requirements that the Register of Copyrights shall prescribe by
regulation."
If a user requests more than one article from one issue
of a journal, the Interlibrary Loan Department staff must pay a copyright fee through the Copyright
Clearance Center or must purchase the article from a commercial vendor. If a user makes a
request for, or later uses, a photocopy for purposes in excess of "fair use,"
that user may be liable for copyright infringement. The Interlibrary Loan
Department staff reserves
the right to refuse to accept a copying order if, in our judgment, fulfillment of that
order would involve violation of the copyright law.
The National Commission on New Technological Uses of
Copyrighted Works (CONTU) has developed a set of guidelines to assist libraries in
fulfilling their duties while adhering to copyright law. CONTU guidelines (or the
"suggestion of five") permits the copying during a calendar year of no more than
five articles from a single journal title, not owned by the library, dated within the past
five years. This means that the Interlibrary Loan Department staff can order a total of only 5
articles from a single journal title dated within the past 5 years regardless of how many
users request articles from the same journal title. For articles obtained in excess of
this number, the Library must pay a fee to the Copyright Clearance Center or must purchase
the articles from a commercial vendor. The Interlibrary Loan Department staff reserves the right to
restrict such purchases.
If you are interested in learning more about these issues,
you can visit the