Borrowing Material from Other Libraries: Policies

Adams State University's Nielsen Library's Interlibrary Loan Copyright Compliance Policy

(drafted Nov. 2019; revised and published Apr. 2021 by Amanda Langdon, ILL & Copyright Librarian)

U.S. Copyright Law: Section 108(g)(2): nothing in this clause prevents a library or archives from participating in interlibrary loan arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies… for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work.

Reason for following Compliance Copyright Law rather than CONTU Guidelines: CONTU guidelines are not law. In 1978, CONTU provided a reasonable baseline for the number of articles (5) that could be obtained through Interlibrary Loan before becoming "such aggregate quantities as to substitute for a subscription." However, the publishing industry's pricing has outpaced the rate of inflation exponentially, while borrowing costs have risen at a more sedate pace, and “the rule of five” is no longer as reasonable for determining fair usage. As such, Adams State intends to follow copyright law (CCL), and no longer adhere directly to CONTU’s guidelines (CCG).

Procedures for following Copyright Compliance Law: In lieu of compliance with CONTU's Copyright Guidelines (CCG), Adams State University will:

• Maintain records for material requested by all users (campus affiliates and community).
• The ILL Librarian (Manager) will evaluate ILL usage statistics on an annual basis.
• This evaluation will take into account:
  • The number of requests for articles from all journals
  • The number of different users requesting the material
  • The frequency of requests, and request patterns across time
  • Cost of institutional subscriptions to the journal (electronic, not print, unless mandates)
  • Copyright Clearance Center fees for articles
  • Requests for subscription purchases from faculty/staff or students
• For journals those number of requests exceed five (5), we will evaluate the following:
  • Whether their use falls under Copyright Law section 107 (Fair Use) or section 108 (copying by libraries/archives) -- in which case no copyright fees will be due.
  • Whether per-article costs are in such aggregate quantities as to substitute for a subscription. If they are deemed to be so, we will explore purchasing the title. If they are determined to be significantly under the cost of a subscription, no action will be taken.

I. Interlibrary Loan Policies

     A. Definition: Interlibrary Loan (abbreviated ILL) is a library service where library staff ask other institutions to provide us with material we don’t have. It’s a catch-all term. Here at ASU’s Nielsen Library, we use Clio, Rapid, and OCLC WorldShare to provide this service. Similar programs include Prospector, Marmot, & Mobius. We request (and recommend) that you use these regional options for books and other physical items before resorting to interlibrary loan, due to quicker delivery and lower costs.  

     B. Eligibility & Submitting (Borrowing) Requests: We are a small institution with limited staffing. If you submit more than 5 requests per day, they may not all be filled immediately.

C. Submitting Requests (Borrowing Materials): All physical materials (books, DVDs, CDs, etc. [NOT Articles]), regardless of source, must be picked up at the Nielsen Library service desk, first floor. Failure to pick up requests may result in suspension of privileges.

1. Best method for requesting materials: search for your article/citation using the library's EBSCO Discovery Search (search-box on the library's homepage). Select your article from the results, and click the "Request full text through Interlibrary Loan via ClioWeb" link. This will fill in the request and citation for you.

2. Alternative method: Log into Clio [from Library's homepage, "How To" menu, "Interlibrary loan" box], login using your Grizzlies/Adams credentials, go to the "Request" tab in the top menu bar, and select your material type (full book vs. article/book chapter). You will need to manually fill in the citation. The more information you can supply, the more quickly we'll be able to get the material for you (primarily ISSNs for journals and ISBNs for books).

D. Approximate turnaround times:

     1. Articles requested through Rapid: 24-72 hours

     2. Articles requested through OCLC WorldShare: 3 days up to 5 weeks

     3. Physical materials requested through OCLC WorldShare: 1-6 weeks

E. Receiving Borrowed Material: Borrower’s responsibilities: 

     1. Articles: once you have received the email containing the link to your PDF, you typically have 5 chances to open it, or 30 days (whichever comes first). The library keeps copies of articles for several months; email ILL@Adams.edu if you need an article re-delivered to you.

2. Physical materials: books must be picked up during business hours from the 1st Floor Circulation Desk. We will hold books for 2 weeks, then send them back. Failure to pick up material may result in suspension of ILL privileges. 

* Note: due dates are set by the lending library, as are renewals. Nielsen Librarians may not be able to get you more time.

3. Renewals on physical materials may be requested: contact ILL@Adams.edu. We will contact you with a renewal date if it is approved, or let you know that the lending library has denied the request.

4. Physical materials must be returned by or on the due date. Habitual late returns may result in suspension of ILL privileges. Loss of material will result in replacement charges from the lending library, as well as processing fees.

E. Items that may not be available for Interlibrary Loan:

1. TEXTBOOKS

2. Rare or fragile items

3. Special collections, including some Audio/Visual material (depends on library)

4. Reference books [in-house use only]

5. Reserves books [Course Reserves, Textbook Reserves are high-demand]

* Faculty may not put ILL/Prospector materials on Course Reserve.

* Please do NOT place hold or loan requests for items already available at Nielsen Library. Instead, see a librarian for assistance in locating available materials.

F. Copyright Statement: The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted materials. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be 'used for any purpose other than private study, scholarship, or research'. If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of 'fair use,' that user may be liable for copyright infringement.  This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.