RE: Protection of Materials from Israel?

["Pilch, Janice T" <pilch@xxxxxxxxxxxx>]

On Thu, Jul 8, 2010 at 3:18 PM, Pilch, Janice T <pilch@xxxxxxxxxxxx> wrote:

The rule of five is a U.S. guideline that represents a general agreement on
acceptable limits that balance copyright holders' interests with the needs of
libraries/education/public. It does not have the force of law, but is
voluntarily used by so many institutions that is has become a national
standard. The CONTU guidelines were developed to assist librarians and
copyright proprietors in understanding the amount of photocopying for use in
interlibrary loan arrangements permitted under the copyright law, section
108(g)(2).

The rule of 5 applies to uses of copyrighted works within the U.S. In that
sense it may apply, to the extent that an organization wishes to apply it, to
use within the U.S. of foreign copyrighted works. There is no equivalent
international rule.

While there is no provision in the U.S. copyright law that says you have to
seek permission for the 6th article from the same journal, but you may elect
to do that to remain consistent with your own policies, guided by the CONTU
rule of 5. Alternatively you may want to rely on fair use-- both are options
for this type of use in the U.S.

In sum, there is no international rule to guide you. You are free to follow
the rule of 5 or to rely on fair use as an available copyright exception for
this type of use.

I hope this helps-

Janice Pilch


-----Original Message-----
From: Maria Melssen [mailto:mariamelssen@xxxxxxxxx]
Sent: Thursday, July 08, 2010 12:06 PM
To: digital-copyright@xxxxxxxxxxxxxx
Subject: Protection of Materials from Israel?

Hello,

Does anyone know what the copyright rule would be for borrowing materials
from a publisher in Israel?

For example: your interlibrary loan department has requested 6 articles from
a journal published in Israel.  To accommodate the rule of 5, the department
needs to purchase the copyright permissions.  Does the rule of 5 still
apply?

Any and all information is greatly appreciated,

Maria Melssen
Florida International University
Medical Library
mariamelssen@xxxxxxxxx