Copyright Law

CONTU Guidelines

Fair Use

Public Domain

Copyright Links

When borrowing materials for our patrons, we must make sure that the copying falls within allowable guidelines or else pay for permission to copy (or pass on charges to our patrons).  The CONTU guidelines offer assistance in determining whether copies are allowable for more recent material.   In addition, each request for copies must note whether it is in compliance with copyright law (CCL) for material older than 5 years or material for which copyright fees will be paid, or with CONTU guidelines (CCG) for material published within the last 5 years. 

Lending copies through ILL simply requires that each article sent either include a copy of the copyright information page (generally the title page verso) or is stamped with a warning that the material may be covered by copyright law.

What are the CONTU guidelines and how do they apply to interlibrary loan?

The CONTU guidelines offer guidelines for allowable photocopying of material that has been published within the last 5 years.  Recent material is of the most concern to publishers, because it may still be available for purchase and libraries who have a noticeable use for a particular journal should consider purchasing it.  Interlibrary loan should not be used as a replacement for collection development. 

The CONTU guidelines suggest that within one calendar year, a library should request no more than 6 articles from one particular journal title.  If there is a need for more articles, the library should purchase the title or pay permission fees, either through the Copyright Clearance Center or direct to the publisher. 

In addition, the guidelines suggest that no more than one article should be requested from a single issue of a journal article.  Copying more than one article can throw the balance from copying a small portion of a published work to copying a substantial portion.  This makes it less likely to constitute fair use.  

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What are CCL and CCG?

CCL and CCG are the codes used to indicate copyright compliance when borrowing photocopies through interlibrary loan. 

CCL is the code used when the material constitutes fair use and comes from publications that published more than 5 years from the present.  Restrictions on older material may be less stringent, since the material is not often available for purchase.  If you handle a lot of genealogy requests, there are many customers who may need a few pages from the same book.  It is probably not necessary to limit yourself to requesting material from the book only 6 times.  However, if there is a question about whether it constitutes fair use, it may be a good idea to contact the publisher or the Copyright Clearance Center to request permission or consider attempting to purchase the book for your library.

CCL is also the code to use when you are requesting recent material, but are paying copyright permission fees, either to the publisher or the Copyright Clearance Center.

CCG is the code used when the material was published during the most recent 5 years.   This code indicates that the information you are requesting meets the requirements of fair use.   

As a lender, you should check for copyright codes, but are not necessarily prohibited from sending copies to libraries that don't place a code on the request.  Copyright is, by and large, the responsibility of the borrower.  However, if you decide to go ahead and send the requested copies, make sure that you indicate that the material may be under copyright.  You may want to contact the requesting library and ask them to edit the request on OCLC or send a new request that indicates copyright compliance. 

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What is "fair use"?

Fair use is a term that should help guide your decisions on whether it is permissible to copy certain information.  Fair use presents four considerations that can help make that decision.  1) Purpose or character of use; 2) Nature of the work to be copied; 3) Portion of the total to be copied; and 4) Effect of use on potential market for or value of the work.

What does it mean for a work to be in the public domain?

Once a work enters the public domain, it is no longer protected by copyright restrictions and anyone can reproduce it for any reason.  The current length of copyright for new materials is the life of the author + 70 years.  Older material may fall under different copyright terms.  Laura Gasaway provides a great chart on her site to determine if a work is in the public domain.  It is important to remember that only the public domain text can be copied; any introductions or original material that has been added to the text in newer editions is likely to remain under copyright.