Definition of Reasonable Effort
Section 108 of the Copyright Act allows libraries to reproduce published and unpublished materials under certain conditions provided that a reasonable effort is made to determine that the material cannot be obtained at a fair price from other sources.
The scope and nature of a reasonable investigation to determine that a copy in acceptable condition at a fair price cannot be obtained will always require recourse to commonly known trade sources, i.e., current publication lists or distributors of the specific medium. The reasonable effort will vary according to the circumstances of a particular situation. If there is an address, permission must be requested from the copyright holder to make the desired number of copies. At least one attempt must be made to obtain permission. The library will request from the appropriate Copyright Office or publisher the address of the copyright holder.
A record of all relevant efforts, including correspondence, must be maintained for five years and be available for inspection.