Table of Contents service is very different from scanned articles.  Once you scan the article, it's in a different format and that makes it a "derivative work," which is the purview of the owner.  If you want to scan and deliver to the desktop, I believe you need permission.

Aline

Aline Soules, Associate University Librarian
California State University, East Bay
tel. 510-885-4596
email:  aline.soules@csueastbay.edu

----- Original Message -----
From: Barbara Pope <bpope@PITTSTATE.EDU>
Date: Monday, October 24, 2005 2:08 pm
Subject: Re: [SERIALST] Circulation of Periodicals (2 messages)

> I am no copyright expert, but I think it would be.  However,
> getting
> patrons subscribed to Table of Contents or setting up a journal
> alert in
> Ebsco or other service is fine.  I have done that for a number of
> patrons and they love it.
>
> Barbara Pope, MALS
> Reference/Periodicals Librarian
> Axe Library
> Pittsburg State University
> Pittsburg KS  66762
>
> Sally Morris (ALPSP) wrote:
>
> > 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
> >>
> >>
> >>
> ______________________________________________________________________>> This email has been scanned by the MessageLabs Email Security System.
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> >>
> ______________________________________________________________________
> >
> >
>