- If the library first photocopies materials for subsequent faxing or scanning, it will destroy the photocopy after the transmission is complete.
- If the library downloads or scans a document to transmit it to a requestor, it will delete its electronic copy after the transmission is complete.
- The library will not honor an excessive number of requests from an individual or an institution for articles from the same journal title. The CONTU Guidelines, which we discuss later in this chapter, may provide some guidance as to when requests are excessive.
- Requests from other libraries include an attestation that the request complies with the Copyright Act or the CONTU Guidelines. The library will not provide copies if it knows that the request exceeds fair use or the section 108 exemption.
Out-of-Print and Unavailable Works (Section 108(e))
5.6. Section 108(e)
Copying Entire Works for Patrons
From the collection of a library where the user makes the request or from another library if:
- New or used copy is unobtainable at a fair price
- Becomes the user’s property
- No notice of impermissible purpose
- Warning of copyright
Section 108(e) permits in some situations the copying of an entire work—a complete book, a substantial part of a book, or a journal issue—for a library patron if the library cannot obtain either a new or used copy at a fair price, and if the library meets the other requirements of subsection (d) discussed above (the copy becomes the property of the user; the library has no notice that the copy will be used for a purpose other than private study, scholarship, or research; and the library displays the copyright warning).
Like section 108(c), subsection (e) requires that the library make a reasonable effort to find a copy at a fair price. But the “unavailable copy” requirement for 108(e) is stricter than it is under 108(c). Under 108(c), Library A may ask Library B to make a copy of a damaged, deteriorating, lost, or stolen work if Library A cannot find a new copy at a fair price.
