Re: Journal article question

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

Jodi,

The report issued in March by the Section 108 Study Group contains a good 
summary of the section 108 exceptions for library preservation and ILL. 
The report is quite long, but if you read those sections dealing with ILL 
(called exceptions for users), you will get a good overview of the state 
of the law.  Do remember, as you read, that the study group was unable to 
reach agreement on any proposals to change the law regarding ILL, so read 
it for an overview of the current situation, including the disagreements, 
but not as a prescription for how things might change.

The report is available from http://www.section108.gov/.

Kevin L. Smith, J.D.
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/



"Jodi Poe" <jpoe@xxxxxxx> 
07/23/2008 11:09 AM

To
"Gkh" <gharper@xxxxxxxxxxxxxxxxx>, "Kevin L Smith" 
<kevin.l.smith@xxxxxxxx>
cc
"Barbara Fister" <fister@xxxxxxx>, <digital-copyright@xxxxxxxxxxxxxx>
Subject
Re: Journal article question






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.