Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/118

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The Librarian’s Copyright Companion
will undoubtedly require their continuous reevaluation and adjustment. With these qualifications, the conference committee agrees that the guidelines are a reasonable interpretation of the proviso of section 108(8)(2) in the most common situations to which they apply today.[1]
As for Professor Spaulding’s request, remember that these are guidelines. You may exercise some judgment. We think that a short-term project is a good example of when you may go beyond the “five article” guideline. Requesting six articles from the same journal title from other libraries does not bother us and, frankly, neither does a few more. We do not feel the least bit queasy until it moves into double figures.

Example 2
The requestor is an attorney who is working on a quick turnaround, one-time project.

Comment: Same answer as above.
  • You do not need to count requests if your library subscribes to the journal and the issue you need happens to be unavailable.
  • You do not need to count requests if your library has entered an order for a subscription to the journal.
  • The requesting library must attest that the request conforms to the guidelines.

Example 3
The requesting library confirms that the request complies with another provision of the Act, such as section 108(c)—to replace a damaged or lost copy.

Comment: This is fine. The American Library Association’s Interlibrary Loan Request Form, and both the WorldCat and ILLiad electronic ILL protocols, require that the requesting library indicate that the request complies with either the 108(g)(2) Guidelines (CCG) or other provisions of the copyright law (CCL).[2]

  1. H.R. Rep. No. 94-1733 (Conf.), at 71–72 (1976).
  2. The ALA reminds requesting libraries that they are responsible for complying with section 108(g)(2) and the CONTU Guidelines. American Library Association, Interlibrary Loan Code for the United States, Explanatory Supplement § 4.8 (May 2008) [hereinafter ALA Interlibrary Loan Code]. The ALA’s interlibrary loan request form is available at http://www.ala.org.