Interlibrary Loan Georgia Harper University of Texas System

Overview Copyright provisions affecting interlibrary delivery of library materials Basics Interlibrary loan Fair use The digital library and interlibrary delivery Scenarios Delivery from a database Delivery of media not covered by 108

Copyright Law Protects original expression Limited term of protection Provides owners exclusive rights Limits exclusive rights to achieve its purpose: increasing knowledge Examples: Fair use, first sale, library privileges No need for copyright notice; cant tell by looking if work is protected

Original Expression Original expression - A persons unique way of saying something Fixed in a tangible medium Only requires minimum creativity Does not protect facts Does not protect ideas, systems, processes

Limited Term of Protection Automatic protection upon creation US works created during/after 1978 Life of author + 70 Works for hire: Publication + 95/creation US works published before 1978 Publication + 95 years or 28 years if published before 1964 and not renewed US works unpublished before 1978 Life of author + 70 or 2003, whichever is longer

Owners Exclusive Rights Make copies Create derivative works Distribute, display and perform works publicly Artists moral rights Integrity/attribution

Limitations on Owners Rights Fair Use (17 USC 107) Librarys Special Privileges (108) First Sale Doctrine (109) Educational Performances/Displays (110) Modifications for Blind and Disabled (121)

Copying and Interlibrary loan – Section 108 (g) Requesting interlibrary loan copies Supplying interlibrary loan copies If borrowing exceeds CONTU guidelines or other Section 108 restrictions Consider fair use Get permission

Section 108 Study Group No changes yet considered affecting interlibrary loan Group is focusing on Sections (a), (b) and (c) currently (threshold qualifications and archiving)

Fair Use Fair use Typically for things like electronic reserves Also applies to media not covered by 108 Other uses that exceed limitations of 108

Fair Use Fair use embodies a balance of interests Between owner control and public access Between owner control and publics First Amendment rights Fair use addresses market failures Facilitates good, but uneconomic uses

Fair Use Statute 17 USC 107 Uses such as… Criticism Commentary News reporting Teaching (including multiple copies) Scholarship Research

Fair Use Statute Four factor fair use test Character of the use Nature of the material used Amount and importance of part used Effect on market for permission/original

Licensing Licenses can supplant law Be vigilant about terms on shrink-wraps and click-ons that strip library, archive or patrons of statutory rights Negotiate better access than the statute may provide

Filling Requests from Database Holdings Apply what you have learned to a typical interlibrary loan request that can, theoretically, be filled from the contents of a licensed database.

Requests for Images, Video & Audio What options do you have in responding to a request for interlibrary loan of digital images, video or audio materials?

Summary Interlibrary loan facilitates wider use of limited resources Copyright law authorizes interlibrary loan directly (Section 108) and indirectly (Section 109) Licenses may address interlibrary loan, either positively or negatively!