Interlibrary Loan - Fair Use vs. Publisher's or Author's "All Rights Reserved" Notification
- April 26, 2019 @ 4:01pmmdatoc says:
I do interlibrary loans. Sometimes I receive requests from other libraries for scans of chapters of books in our collection which have an "All Rights Reserved" notification on the copyright page. Here's an example:
"All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written prior permission of the author."
I usually offer to send a book to the requesting library if this type of prohibition is listed on the copyright page, citing the the notification as reason not to scan a chapter without permission from the author. Some libraries take me up on the loan offer, some decline. One librarian replied that Fair Use "trumps" these notifications.
I did find this blurb on Wikipedia's Fair Use article which seems to support this point of view:
"Fair use rights take precedence over the author's interest. Thus the copyright holder cannot use a non-binding disclaimer, or notification, to revoke the right of fair use on works. However, binding agreements such as contracts or licence agreements may take precedence over fair use rights."
I would appreciate any comments you can share on how your libraries handle scan requests for materials that have this type of "All Rights Reserved" notifications.
- April 28, 2019 @ 2:15pmCarrie says:
"All rights reserved" does not mean exceptions or limitations to copyright go out the window. So yes, you can use 108 (library reproductions) and/or fair use to supply articles via interlibrary loan.
Posting to the forum is only available to users who are logged in.