Such a verification, incorporating the key language of 108(g)(2), would reduce the likelihood that a foreign partner would check a box without understanding its meaning. Requesting libraries can further support the legitimacy of their requests by keeping records of requests. These procedures can help ensure that the requesting library will be able to demonstrate that its requests over time have satisfied Section 108 or Section 107. The measures described above should be sufficient to provide domestic libraries with the confidence they need to participate in an ILL system that involves foreign institutions. With adequate assurances in place, a US library may engage in ILL arrangements with foreign institutions. 1 Specifically, Section 108(d) allows for copying of certain materials by one library for the users of another library, and Section 108(g)(2) states, “…[N]othing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work.” 2 The Rule of Five bars fulfilling requests by the same library within a single calendar year for more than five articles from the previous five years’ worth of the same periodical. It also bars more than five requests for copies from any copyrighted non-periodical work during a calendar year. The rule is silent as to the treatment of articles more than five years old. It is also silent as to non-periodical works. 3 Discussion of the CONTU guidelines appears in H.R. Rep. No. 94-1733 at 70-74 (1976) (Conf. Rep.). In reality, reevaluation and adjustment of the guidelines has not occurred. © 2011 Brandon Butler, Kenneth D. Crews, Donna Ferullo, Kevin L. Smith This article is licensed under a Creative Commons Attribution-Noncommercial- Share Alike 3.0 United States License. To view a copy of this license, visit To cite this article: Brandon Butler, Kenneth D. Crews, Donna Ferullo, and Kevin L. Smith. “White Paper: US Law and International Interlibrary Loan.” Research Library Issues: A Quarterly Report from ARL, CNI, and SPARC, no. 275 (June 2011): 15–18. RLI 275 18 White Paper: US Law and International Interlibrary Loan ( C O N T I N U E D ) JUNE 2011 RESEARCH LIBRARY ISSUES: A QUARTERLY REPORT FROM ARL, CNI, AND SPARC
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