Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/90

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The Librarian’s Copyright Companion

Example 2
The University of Freedonia charges $5.00 plus $.50 per page.

Comment: If UF has determined that it costs $10 to supply a 10-page article and $15 to supply a 20-page article, it does not violate the “direct or indirect advantage” prohibition.

Example 3
The library at the Freedonia School of Medicine charges non-profit institutions $10 per article, and for-profit institutions $20.

Comment: Again, if this merely recovers actual costs, the pricing structure is fine. The library may choose to subsidize document delivery to the non-profit sector, but it cannot profit from its services to the for-profit sector.

Example 4
The University of Freedonia Law Library has a minimum copying charge of $15 for individuals and non-profit institutions, and $20 for businesses. To that it adds a $.50 per-page photocopying charge. For business requests it also adds a $1 per-minute labor fee, with a minimum labor charge of $15.00. In other words, a ten-page article costs a business at least $40.00.

Comment: The law library’s charges certainly appear to be beyond what is permitted under section 108. This does not mean that the library cannot provide document delivery services. It may, but it must pay royalties. The library would be wise to register with the Copyright Clearance Center and pay royalty fees to the CCC.

Example 5
The Freedonia Institute of Technology (FIT) Library sets up a fee-based document delivery unit (FIT-DOC). It has its own budget and hires its own staff. It advertises its document delivery services throughout the state and the region, especially to the corporate and scientific communities. It charges non-profits a flat $25 per article charge, and for-profit organizations $35 per article, plus whatever royalties it pays for copying. It also does online research at a charge of $50 per half hour. FIT-DOC is a member of the CCC and pays royalties to the CCC.