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.
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.”
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
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. http://publications.arl.org/rli275/.
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