Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/104

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The Librarian’s Copyright Companion

NLM would make only single copies of articles, and would not copy an entire issue. Nor would they copy articles from 104 journals that were included on a “widely available” list. NLM would not honor what it considered an excessive number of requests from an individual or an institution: not more than twenty requests from an individual or thirty from an institution, within a month. NLM would copy no more than one article from a single issue, or three from a volume. Generally, they would not copy more than fifty pages.[1]

With NIH’s and NLM’s policies in hand, as well guidelines from other librarians[2] and publishers,[3] here are our guidelines for when you can provide document delivery without paying royalties or obtaining permission. If they seem too liberal or conservative to you, adjust them to suit your taste. And remember that if the library is paying royalties, none of these guidelines are necessary.

Document Delivery Guidelines[4]

  1. The library will not make more than one copy of an item at a time.
  2. The library will not make multiple copies of an item for the same user (including the institution with which the user 1s affiliated) whether made simultaneously or over a period of time.
  3. The library will not copy more than one article from a periodical issue for the same user.
  4. The library will include with the copy it makes, if readily available, the “notice of copyright” from the work copied. The library will include on every copy it makes the following notice: “This Material Is Subject to the United States Copyright Law; Further Reproduction in Violation of That Law Is Prohibited.”
  5. The library will not fill a request if it knows that the requestor plans to sell the copy.

  1. Id. at 1348–49.
  2. The American Association of Law Libraries’ (AALL) Guidelines on the Fair Use of Copyrighted Works by Law Libraries (rev’d 2001) is reproduced in Appendix J. The AALL’s Model Law Firm Copyright Policy (rev’d 2001) is reproduced in Appendix K.
  3. In addition to the AAP’s statement and STM’s guidelines, we also considered Copyright Clearance Center, Interlibrary Loan: Copyright Guidelines and Best Practices (March 2011).
  4. Guidelines adapted from James S. Heller, The Impact of Recent Litigation on Interlibrary Loan and Document Delivery, 88 L. Libr. J. 158, 176–77 (1996).