The American Association of Law Libraries has produced guidelines on library application of US copyright law (17USC) at http://www.aallnet.org/about/policy_fair.asp. According to these guidelines [1.4 The Library Exemption: Section 108], "Under §108(d), libraries that qualify for the Library Exemption may provide a single copy to an external user upon request from that user... The copy provided may be either a photocopy or an electronic copy."

The guidelines further state [2.1.2 Electronic Copies of Printed Works] that, "[t]o satisfy a user's request, a library may scan an article from a periodical issue, a chapter, or portions of other copyrighted works and provide an electronic copy to the user in lieu of a photocopy. Because the copy must become the property of the user, the library may not retain the scanned image. A copy may be faxed or otherwise transmitted electronically to the user, but the library should destroy any temporary copy made incidental to the transmission. In other words, an incidental copy made to facilitate transmission is a fair use, as long as that copy is not retained."  This applies only to copying from the library's own collection.

Ed Jones
Bibliographic and Metadata Services Coordinator
National University
9393 Lightwave Ave
San Diego, CA  92123-1447

+1 858 541 7920
+1 858 541 7997 (fax)

-----Original Message-----
From: SERIALST: Serials in Libraries Discussion Forum [mailto:SERIALST@LIST.UVM.EDU] On Behalf Of Sally Morris (ALPSP)
Sent: Monday, October 24, 2005 6:24 AM
To: SERIALST@LIST.UVM.EDU
Subject: Re: [SERIALST] Circulation of Periodicals (2 messages)

I'd be interested to know whether scanning and circulating by email is legal
under US law?

Sally

Sally Morris, Chief Executive
Association of Learned and Professional Society Publishers
South House, The Street, Clapham, Worthing, West Sussex BN13 3UU, UK
Tel:  +44 (0)1903 871 686
Fax:  +44 (0)1903 871 457
Email:  sally.morris@alpsp.org
----- Original Message -----
From: "SERIALST Moderator" <bmaclenn@UVM.EDU>
To: <SERIALST@LIST.UVM.EDU>
Sent: Friday, October 21, 2005 3:34 PM
Subject: [SERIALST] Circulation of Periodicals (2 messages)

>2 messages:
>
> (1)-------------------
> Date: Fri, 21 Oct 2005 08:44:06 -0400
> From: Steve Black <BLACKS@mail.strose.edu>
> Subject: RE: [SERIALST] Circulation of Periodicals
>
> An alternative to circulating journals is scanning articles and
> delivering them via e-mail to patrons. The University at Albany does
> this, see http://library.albany.edu/about/delivery.html. My
> understanding is that it is a very popular service that increases use of
> the print serials. I hope we can provide a similar service here at The
> College of Saint Rose in the future, but we don't have the resources for
> it at this time.
>
> Steve Black
> Reference, Serials, and Instruction Librarian
> The College of Saint Rose
> 392 Western Avenue
> Albany, NY 12203-1419
> blacks@strose.edu
> (518)458-5494
>
> (2)-------------------
> Date: Fri, 21 Oct 2005 09:42:08 -0400
> From: Claire Robb <CER1@nrc.gov>
> Subject: Re: [SERIALST] Circulation of Periodicals
>
> I would not circulate anything that is to be bound and archived.  Only
> those of ephemeral value.  Too many non-returns.
>
> Claire E. Robb, Systems Librarian
> Nuclear Regulatory Commission
> Washington, DC 20555-0001
> Voice:  301-415-5618
> cer1@nrc.gov
>
>
> At 01:52 PM 10/19/2005 -0500, Sarah Sanford wrote:
>>Hello all!
>>
>>I am new to the serial listserv, so please excuse my inquiry if it is
>>repetitive. I am researching which libraries circulate their periodicals
>>collection, what the loan period is, etc., in hopes to reconsider the
>>decision NOT to circulate periodicals. For those institutions that do not
>>circulate periodicals, please provide a brief explanation or basis for
>>that decision.
>>
>>Thank you!
>>
>>Sarah
>>
>>--
>>
>>Sarah Sanford
>>Serials Manager
>>Folke Bernadotte Memorial Library
>>Gustavus Adolphus College
>>St. Peter, MN 56082
>>Phone: 507-933-7562
>>Fax: 507-933-6292
>
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