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The Library Exemptions

Interlibrary Loan (ILL)

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:

  1. 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.
  2. 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.

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