archiving lending copies

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  • When copying and scanning articles from our collection to fill interlibrary lending requests, we send the copy via Ariel and then the copy is deleted. It is a violation of copyright law to keep the copy we have made in order to fill a subsequent request from another library for the same article, but why? I have been looking at the law and various sources and cannot point to the specific part of the law that prohibits this. Can you help me?

    Thanks.
  • As far as I know, the copyright law doesn't say anything about this type of situation, but as I have mentioned in other posts, there is a trend (in the law and in certain comments and rulings coming out of the Copyright Office) towards giving "more" copyright protection to digital forms of materials.

    We need to consider whether saving the files (creating and keeping a copy of a library-owned work) is a fair use or not. So the four factor analysis. Some interesting twists to this (if I am understanding correctly how Ariel works) - by saving the digital copy in a secure place (no authorized person can get to the Ariel machine), the copy is "protected" and if that same article is requested again, it would not need to be copied again because you already have this saved copy.

    -carrie

    [quote]When copying and scanning articles from our collection to fill interlibrary lending requests, we send the copy via Ariel and then the copy is deleted. It is a violation of copyright law to keep the copy we have made in order to fill a subsequent request from another library for the same article, but why? I have been looking at the law and various sources and cannot point to the specific part of the law that prohibits this. Can you help me?

    Thanks.[/quote]

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