Re: Journal article question

[Gkh <gharper@xxxxxxxxxxxxxxxxx>]

I agree with Kevin. Fair use is not part of the question in this case.  
Georgia.

Sent from my iPhone

On Jul 23, 2008, at 9:39 AM, Kevin L Smith <kevin.l.smith@xxxxxxxx>  
wrote:

> 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
> cc
>
> 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.