Copyright@CUNY: Interlibrary Loan

When can a library make copies of an article or a small excerpt of a larger work for Interlibrary Loan?

Under 17 USCA 108(d), a library may copy an article or a small part of a copyrighted work for Interlibrary Loan if:

• The copy becomes the property of the user.
• The library is not aware that the copy is for any purpose other than private study, scholarship or research.
• The library displays a warning of copyright on its order form, and posts the warning at the place where orders are accepted.

What is the wording of the copyright warning notice? (Cut and paste the text below for your use!)

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. 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.

 

When can a library make copies of an entire work for Interlibrary Loan?

According to section 108(e), “the rights of reproduction … apply to the entire work, or to a substantial part of it … if the library or archives has first determined, on the basis of a reasonable investigation, that a copy or phonorecord of the copyrighted work cannot be obtained at a fair price if:

1. The copy … 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 for private study, scholarship or research; and
2. The library displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright.

 

Can the library make or request copies of articles, book chapters for reserve or electronic reserve?

Section 108 does not allow for this, as any copy placed on reserve would not become the property of a single user. Such requests may fall under Fair Use provisions and must be judged on a case-by-case basis.

 

Please note: CUNY is a single legal entity and all of its campuses (including their libraries) are part of the CUNY entity.  Consequently, CUNY takes the position that the ILL guidelines do not apply to CLICS (CUNY Libraries Inter-Campus Services).  While CLICS is similar to ILL, it does not involve the sharing a materials between separate institutions.  Rather, it is a cross-campus delivery system by one institution—CUNY—of items in the entire CUNY library collection. Therefore, it is permissible for a CUNY college to reproduce portions of books or journals held by another CUNY college and place them on eReserve. (Fair use guidelines should still be considered as well as database vendor licenses which may be college-specific).  It is not good practice, however, for a faculty member at one college to borrow a book from another CUNY college via CLICS and place it on reserve, thereby taking it out of circulation at its home campus.

How many articles may a library request from a journal before having to pay royalties or seek permission?

The CONTU (National Commission on New Technological Uses of Copyright Works) Guidelines on Photocopying and Interlibrary Loan Arrangements have been used as suggestions for the quantitative limits for ILL. Within a calendar year, a borrowing library should not borrow more than five articles from the same periodical title published within five years of the date of the request, and no two articles should be from the same issue.

How long should a library keep records of ILL transactions?

Borrowing libraries should keep records or all requests made and filled for the current year and the past 3 calendar years.

If requested article is available as part of a licensed electronic database, may we transmit it electronically to the borrowing institution?

Electronic transmission of ILL articles is not always permitted – though one could forward article via fax. Permission must be negotiated with individual database vendors. Below is NYLINK's recommended language used for licensing databases.

Interlibrary Loan. Subscriber may fulfill requests from other institutions, a practice commonly called Interlibrary Loan. Licensee agrees to fulfill such requests in compliance with section 108 of the United States Copyright Law (17 USC 108) and clause 3 of the Guidelines for the proviso of subsection 108(g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works.