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Research Collections and ILLs



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
 
***************************************
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