We recently received a professor's research collection that contains mostly
photocopies of materials he used in his research and his notes for several
published articles of his, but also some materials that are clearly identified
as having been received through interlibrary loan and stamped with the copyright
notification of, in most cases, the archival institution that copied the
material for him. Having contacted a specialist in ILL copyright law, she
stated the following:
"Under section 108, if the articles were requested by the Professor,
they
have to remain his/her personal property, so you could not add them to the library's collection without getting permission from the copyright holder. This would be for articles acquired through ILL under the 'rule of five' where you're not paying the royalties. On the other hand, if you received the ILL articles through a
document
delivery vendor and paid the royalties, or if you paid the royalties through CCC, then I believe you could add them to your collection." So do I break up the collection and tell the professor I need to return
everything to him that is clearly identified as an ILL? If so, can I at
least supply a list of citations in the finding aid for those materials that
were removed from the collection due to copyright problems so that the
researcher can locate those materials on their own? Or is this an issue at
all since we're not "cataloguing" the items individually but as a
collection? Do I go after copyright permission to retain the materials in
the collection from the archival institutions themselves?
I appreciate any input anyone might have for this scenario. It may be
that the answer is staring me in the face or there is some blatant consideration
I haven't made that would simply answer this for me!
Thanks,
Jennie Thomas
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Jennifer Thomas Marilyn Crandell Schleg Archivist and Special Collections Librarian United Methodist Church West Michigan Conference Archivist Stockwell-Mudd Libraries Albion College 602 E. Cass Street Albion, MI 49224 Phone: 517-629-0487 Fax: 517-629-0504 E-Mail: jthomas@albion.edu Internet: http://www.albion.edu/library/specialcollections Wisdom is ofttimes nearer when we stoop, than when we soar.
- William Wordsworth |