RE: Journal article question

[Kevin L Smith <kevin.l.smith@xxxxxxxx>]

While I think Barbara is right that copying an entire issue of a 
periodical would likely not be a fair use, it is not fair use that must be 
interpreted here.  ILL is justified, when it is justified, under section 
108, which does not mention the proportion of the portion copied to the 
whole work except to say that "no more than one article... [from] a 
periodical issue" may be copied in order to be sent to another institution 
whose patron has made a request.

Section 108 is pretty complicated, but I do not see anything there that 
would prevent its provision for ILL from applying in the situation you 
describe, as long as the other requirements (copy becomes the property of 
the patron, there is no systematic copying (which is usually controlled 
using the "rule of five"), etc.) are met.

Kevin L. Smith
Scholarly Communications Officer
Perkins Library, Duke University
PO Box 90193
Durham, NC  27708
919-668-4451
kevin.l.smith@xxxxxxxx
http://library.duke.edu/blogs/scholcomm/



"Barbara Fister" <fister@xxxxxxx> 
07/23/2008 10:28 AM

To
digital-copyright@xxxxxxxxxxxxxx
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Subject
RE: Journal article question






My uninformed opinion is that copying a full issue would not be fair 
use, even if it's only one article. You could (first sale doctrine) 
loan the issue, but copying would be a problem. This journal does sell 
individual issues ($75). I don't see it available as a separately 
cataloged item in any library, though.

They also don't do permissions through CCC.

Barbara  Fister


> Unfortunately, no it is not PNAS. It is Journal of Gang Research.
> Thanks!

<snip>
  However,
>                this particular request is for a single journal article 
for an
> issue in
>                a particular volume.
>                Unfortunately, that particular article is the ONLY 
article in
> that
>                issue.