Interlibrary loan practices are authorized under section
108 as long as the effect is not to substitute for a subscription to
or purchase of the work. Compliance differs depending on whether the
library wishes to loan/borrow an entire work or a portion thereof.
A qualifying library may reproduce and distribute a copy of something
from its collection or that of another library of no more than one copy
of an article or contribution to a copyrighted collection or periodical
issue or a small part of any other copyrighted work, as long as these
threshold requirements of ILL are met:
- The copy must become the property of the user and the library must
have no notice that the copy will be used for any purpose other than
private study, scholarship, or research.
- A copyright warning must be displayed
prominently on the order form and where the copy order is accepted.
A qualifying library may reproduce entire works or substantial
portions of works from its collections or those of another library if
it has determined (reasonable investigation)
that no copy is available at a fair price,
and as long as the threshold requirements of ILL are met.