UCLA Copyright Policy

Interlibrary Loan Operations

The guidelines listed below apply when interlibrary loan (ILL) requests are being processed for library users. NOTE: Section 108 was amended in late 1998 by the Digital Millennium Copyright Act, Pub. L.105-304, 112 Stat. 2860, and the Sonny Bono Term Extension Act, Pub. L. 105-298, 112 Stat. 2827. Those revisions have been incorporated into this document. For guidelines to be followed when ILL units are requesting material to be copied for addition to the library's collection, see Making Copies of Copyrighted Materials for the UCLA Library Collections.

Interlibrary Borrowing Procedures

Notice of copyright regulations:

• A "Warning Concerning Copyright Restrictions" sign will be prominently posted at every library location where ILL borrowing requests are accepted.
• To obtain the user's affirmation of his or her awareness of the copyright law and intention to comply with it, the "Warning Concerning Copyright Restrictions" will be printed within a box located prominently on the ILL borrowing request form.

Copyright compliance indication on borrowing requests sent:

• On each borrowing request for photocopies, the ILL unit will clearly indicate whether the request "Conforms to the CONTU Copyright Guidelines" (CCG) or "Conforms to the Copyright Law" (CCL).
• CCG will be indicated when the UCLA Library does not currently subscribe to a periodical title and the material requested was published within five years of the date of request.
• CCL will be indicated on requests for material which will become the property of the library user when:
  1. The material requested was published earlier than five years prior to the date of the request, or
  2. The Library believes because of the circumstances of the request that the reproduction and distribution of the copy is "fair use" according to Title 17, Sect. 107.

Borrowing records and review of borrowing:

• Each UCLA Library interlibrary borrowing unit (Biomedical, Law, Research, and Science and Engineering libraries) will maintain records of all filled photocopy requests in title order. The records will be retained for three years beyond the calendar year in which the request was filled [CONTU Guideline: 4].
• At the end of each calendar year, each UCLA Library interlibrary borrowing unit will prepare a list of journal titles from which photocopy requests have been filled. The lists will be compiled to determine if there are any periodical titles for which the number of filled photocopies is deemed to exceed the spirit of the law and the CONTU Interlibrary Loan Guidelines.
• The compiled list will be submitted to the Associate University Librarian for Collection Development and Technical Services by March 31 each year. The AUL for Collection Development and Technical Services will take appropriate action on titles that appear on the list.
• In cases in which the amount of borrowing exceeds UCLA Library guidelines, the appropriate UCLA Library unit will either enter a subscription for the journal title or begin to pay copyright fees via the Copyright Clearance Center (CCC).

Interlibrary Lending Procedures

Copyright compliance indication on requests received:

• Upon receipt of ILL requests for photocopies from other libraries, each interlibrary lending unit will confirm that the request form clearly indicates copyright compliance (CCG or CCL) [CONTU Guideline: 3].
• If the request form fails to indicate CCG or CCL, the request will be rejected. In cases where an ILL request form is being returned by mail, a form note indicating the reason for rejection will be included.

Notices of copyright regulations:

Section 108(a)(3) requires that the reproduction or distribution of a copyrighted work include the notice of copyright that appears on the copy that is reproduced or includes a notice stating that the work may be protected by copyright if no notice of copyright can be found on the material that is reproduced.

• When a copyright notice appears on the first page of the material being copied (e.g., the first page of a journal article or a book chapter), no additional notification of copyright needs to be provided.
• When copying a chapter from a monograph in which the chapters do not include a copyright notice, a copy of the copyright notice from the front of the book will be made. If no copyright notice can be found in the book, the first page of the material copied will be stamped with:

NOTICE:
This material may be protected by Copyright Law
(Title 17, U.S. Code)

When copying a journal article in a journal issue or an article in a volume of separately authored essays in which the article/essay does not include a copyright notice, the first page of the material copied will be stamped with:

NOTICE:
This material may be protected by Copyright Law
(Title 17, U.S. Code)