Copyright & Interlibrary Loan
Notice requirement for copies made by libraries under section 108
The Digital Millennium Copyright Act of 1998 (pdf version) includes Section 404, Exemption for Libraries and Archives, which amends Section 108 of the U.S. Copyright Act. Subsection (a)(3) of section 108 is amended to read:
"(3) the reproduction or distribution of the work includes a notice of copyright that appears on the copy or phonorecord that is reproduced under the provisions of this section, or includes a legend stating that the work may be protected by copyright if no such notice can be found on the copy or phonorecord that is reproduced under the provisions of this section."
This means that, when a library makes a copy under section 108 (for example, a photocopy of an article to fill an ILL request), the library must include a copy of the page on which the notice of copyright appears. If there is no such copyright notice on the work itself, then the library must "include a legend" stating that the work may be protected by copyright. "Including a legend" can be interpreted as using the usual ILL stamp regarding warning of copyright. For one interpretation of what constitutes a "notice of copyright that appears on the copy," see http://www.arl.org/info/frn/copy/notice.html.
For example, if a copy of a book chapter is requested on ILL, the copy sent out on ILL must include a copy of the front page of the book where the copyright notice is printed. If there is no notice of copyright anywhere in the book, then the copy must be stamped with the warning of copyright stamp. The stamp, or other "legend," cannot be used instead of copying the copyright notice. The stamp is used only if no notice of copyright can be found on the original work.
CCG vs. CCL
Standard U.S. interlibrary loan forms usually include a box for the librarian to indicate whether the request for a photocopy of an article is "CCL" or "CCG" for copyright compliance. "CCL" refers to "compliance with copyright law" and "CCG" refers to "compliance with copyright guidelines." The copyright guidelines are the CONTU Guidelines from the legislative reports for the U.S. Copyright Act of 1976.
When to use CCG and when to use CCL:
Use CCG when you are requesting a photocopy of an article from a journal if:
- the article is dated within the last five years, AND
- your library does not own the journal title, AND
- this is the fifth or fewer request your library has made for this title within the current calendar year.
Use CCL in all other instances of requesting photocopies, for example:
- if the article is older than five years, OR
- if your library owns the journal title, OR
- if this is the sixth or greater request within the calendar year and if your library is paying royalties to the Copyright Clearance Center or document delivery vendor.