Re: Journal article question

["Jodi Poe" <jpoe@xxxxxxx>]

Thank you both for the clarification. I was only looking at fair use. I don't
work in our ILL Department, so I am not as familiar with the rules,
guidelines, etc. Do you have any suggestions on where I should look to become
familiar with those sections of the copyright law? Thanks!

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Jodi W. Poe
Associate Professor, Distance Education/Electronic Resources Manager
Houston Cole Library
Jacksonville State University
700 Pelham Road North
Jacksonville, AL  36265-1602
TEL: (256) 782-8103
FAX: (256) 782-5872
Email: jpoe@xxxxxxx

"Be who you are and say what you feel, because those who mind don't matter and
those who matter don't mind." Dr. Seuss
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
  ----- Original Message -----
  From: Gkh
  To: Kevin L Smith
  Cc: Barbara Fister ; digital-copyright@xxxxxxxxxxxxxx
  Sent: Wednesday, July 23, 2008 9:50 AM
  Subject: Re: Journal article question


  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.