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.eduInternet:
http://www.albion.edu/library/specialcollections
Wisdom is ofttimes nearer when we stoop, than when we soar.
- William
Wordsworth