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MEDLIB-L  February 2011, Week 3

MEDLIB-L February 2011, Week 3

Subject:

REF ?: CONTU "Rule of Five" SUMMARY

From:

"LaGasse, Jill" <[log in to unmask]>

Reply-To:

LaGasse, Jill

Date:

Fri, 18 Feb 2011 16:28:28 +0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (69 lines)

Thanks for all the great suggestions and sources. I think I can convey this information to him now. 

I have listed the summary below

ORIGINAL QUESTION:

Does anyone have a way to explain the CONTU "Rule of Five" (for ILL) that is basic and to the point?
I am a solo librarian in a relatively small library. I have a physician that is, apparently from a listserv or such, requesting multiple articles - many from the same journal and/or issue / many are prepub alerts also. I have reached the guidelines limit on at least 2 titles so far.
In the past, the library has absorbed the CCC cost, but this is excessive and I need a way to tactfully explain that this cannot occur month after month.
Any suggestions on the best way to handle this would be appreciated.
________________________________________
________________________________________
________________________________________

It's pretty basic, but I understand the limits be requesting copies of only five articles published in the last five years from the same journal/source.
When I've faced these requests in the past, I've tried to borrow the actual journal, for a very limited time, particularly if one issue has more than one article.  That way you're not copying the articles, and I'm pretty sure that is within guidelines.  (I do, then, consider the title/s for subscription in the future depending on cost, need throughout the system, etc.--you know the drill!)  If you absolutely cannot get the articles in hand, you may look into whether a larger facility within a certain distance from you has the journal and would let your doc in to read them as a visitor.  Of course, then he/she would ask to copy them...
________________________________________
I had  the same problem a while ago with one of my docs.
First I very carefully documented the numbers of articles (yes I know it's a pain but it is necessary) the issues, etc and then I took that document to my boss - who called the doc and that ended it. I explained the rule of five to my boss and when he heard fines and copyright violations...he took care of it.
________________________________________
The way I understand is:
No more than 5 articles from the same journal from the last 5 years of publication. Otherwise you need to pay for CCC.
We had a department like you described, and we suggested to them to order the journal. Unfortunately, it was a very expensive journal (~$2000) and they did not want to subscribe.
________________________________________
Because CONTU guidelines allow a library, during one calendar year, to receive up to five copies of articles from the most recent five years of a journal title (before seeking permission or paying a fee to CCC), we put limits on how many articles (from the most recent five years) can be requested from a given title. You can also put a limit on how many articles from a given issue because there are guidelines on that, too. It is your prerogative to set limits on patrons, especially if s/he isn't one of "yours".
________________________________________
This is probably going to fall on deaf ears ... He's breaking the law because he's substituting the 'occasional or educational use' allowances (of the Guidelines) for purchase. 
Publishers have the right to make a profit, and he needs to purchase the issues when he needs too much [can't recall the 'rule' - is it >10%?] of 1 issue, when he wants multiple copies from within the rule of five guidelines. 
Of course the real problem is that YOU'RE the one who violates the law & is liable. 
Also, that rule of 5 means he's single-handedly used up your library's annual allotment for those titles. No one else can use those titles after his abuse. 
You could tell him your dilemma is whether to pay CCC - (and tell him what that will be), vs. the cost of the issue when you purchase it from the publisher (since he needs so many articles). Hopefully he'll show some sense and shame by this point. ;>)
________________________________________
This might help:
http://www.copyright.com/Services/copyrightoncampus/content/ill_contu.html
________________________________________
Sorry, and as an explanation, you have to pay copyright fees on borrowed articles - "rule of five" is a guideline followed by libraries that says we can borrow up to five articles from one journal from the past five years.  Articles older than five years are no problem and I wouldn't think there is a limit, as long as use falls within the "fair use"
guidelines.
________________________________________
Just tell him you can get the articles, but he'll have to pay for those that go over the "rule of five" since the library isn't absorbing that cost anymore - you can look up the cost on the CCC's website. That may curb his enthusiasm.
________________________________________
When I was doing ILL, I explained "5 articles from the same journal published in the last 5 years".  No more until the next calendar year when it begins all over again.
This usually made sense to the requestor. Especially when I elaborated and said not just from you but from everyone who uses this service at this organization. Good luck.  There are just some people who push the envelope on this.
________________________________________
Once you reach this point, you should seriously think of subscribing to these titles and sit him/her down and go over the cost.  CCC cost; subscription costs.  And I would also find out why he/she is asking for so many articles - involved in an IRB-sponsored research project for your institution? Or just a physician who likes to read a lot?
This may sound silly, but make sure they are currently credentialed to your medical center and that they spend the majority of their time with your system's patients.  
________________________________________



Jill M. LaGasse, MLS
Medical Librarian
St. John's Regional Medical Center
Medical and Consumer Health Library
2727 McClelland Blvd.
Joplin, Missouri 64804

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March 2004, Week 1
February 2004, Week 5
February 2004, Week 4
February 2004, Week 3
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February 2004, Week 1
January 2004, Week 5
January 2004, Week 4
January 2004, Week 3
January 2004, Week 2
January 2004, Week 1
December 2003, Week 5
December 2003, Week 4
December 2003, Week 3
December 2003, Week 2
December 2003, Week 1
November 2003, Week 5
November 2003, Week 4
November 2003, Week 3
November 2003, Week 2
November 2003, Week 1
October 2003, Week 5
October 2003, Week 4
October 2003, Week 3
October 2003, Week 2
October 2003, Week 1
September 2003, Week 5
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September 2003, Week 1
August 2003, Week 5
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June 2003, Week 5
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June 2003, Week 3
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June 2003, Week 1
May 2003, Week 5
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May 2003, Week 1
April 2003, Week 5
April 2003, Week 4
April 2003, Week 3
April 2003, Week 2
April 2003, Week 1
March 2003, Week 5
March 2003, Week 4
March 2003, Week 3
March 2003, Week 2
March 2003, Week 1
February 2003, Week 4
February 2003, Week 3
February 2003, Week 2
February 2003, Week 1
January 2003, Week 5
January 2003, Week 4
January 2003, Week 3
January 2003, Week 2
January 2003, Week 1
December 2002, Week 5
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December 2002, Week 3
December 2002, Week 2
December 2002, Week 1
November 2002, Week 5
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November 2002, Week 3
November 2002, Week 2
November 2002, Week 1
October 2002, Week 5
October 2002, Week 4
October 2002, Week 3
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October 2002, Week 1
September 2002, Week 5
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September 2002, Week 3
September 2002, Week 2
September 2002, Week 1
August 2002, Week 5
August 2002, Week 4
August 2002, Week 3
August 2002, Week 2
August 2002, Week 1
July 2002, Week 5
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July 2002, Week 2
July 2002, Week 1
June 2002, Week 5
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April 2002, Week 3
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April 2002, Week 1
March 2002, Week 5
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January 2002, Week 3
January 2002, Week 2
January 2002, Week 1
December 2001, Week 5
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December 2001, Week 3
December 2001, Week 2
December 2001, Week 1
November 2001, Week 5
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November 2001, Week 3
November 2001, Week 2
November 2001, Week 1
October 2001, Week 5
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October 2001, Week 3
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June 2001, Week 2
June 2001, Week 1
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May 2001, Week 3
May 2001, Week 2
May 2001, Week 1
April 2001, Week 5
April 2001, Week 4
April 2001, Week 3
April 2001, Week 2
April 2001, Week 1
March 2001, Week 5
March 2001, Week 4
March 2001, Week 3
March 2001, Week 2
March 2001, Week 1
February 2001, Week 4
February 2001, Week 3
February 2001, Week 2
February 2001, Week 1
January 2001, Week 5
January 2001, Week 4
January 2001, Week 3
January 2001, Week 2
January 2001, Week 1
December 2000, Week 5
December 2000, Week 4
December 2000, Week 3
December 2000, Week 2
December 2000, Week 1
November 2000, Week 5
November 2000, Week 4
November 2000, Week 3
November 2000, Week 2
November 2000, Week 1
October 2000, Week 5
October 2000, Week 4
October 2000, Week 3
October 2000, Week 2
October 2000, Week 1
September 2000, Week 5
September 2000, Week 4
September 2000, Week 3
September 2000, Week 2
September 2000, Week 1
August 2000, Week 5
August 2000, Week 4
August 2000, Week 3
August 2000, Week 2
August 2000, Week 1
July 2000, Week 5
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July 2000, Week 3
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June 2000, Week 5
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May 2000, Week 2
May 2000, Week 1
April 2000, Week 5
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April 2000, Week 3
April 2000, Week 2
April 2000, Week 1
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March 2000, Week 4
March 2000, Week 3
March 2000, Week 2
March 2000, Week 1
February 2000, Week 5
February 2000, Week 4
February 2000, Week 3
February 2000, Week 2
February 2000, Week 1
January 2000, Week 5
January 2000, Week 4
January 2000, Week 3
January 2000, Week 2
January 2000, Week 1
December 1999, Week 5
December 1999, Week 4
December 1999, Week 3
December 1999, Week 2
December 1999, Week 1
November 1999, Week 5
November 1999, Week 4
November 1999, Week 3
November 1999, Week 2
November 1999, Week 1
October 1999, Week 5
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October 1999, Week 3
October 1999, Week 2
October 1999, Week 1
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September 1999, Week 3
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June 1999, Week 5
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May 1999, Week 1
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April 1999, Week 3
April 1999, Week 2
April 1999, Week 1
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March 1999, Week 3
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February 1999, Week 4
February 1999, Week 3
February 1999, Week 2
February 1999, Week 1
January 1999, Week 5
January 1999, Week 4
January 1999, Week 3
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January 1999, Week 1
December 1998, Week 5
December 1998, Week 4
December 1998, Week 3
December 1998, Week 2
December 1998, Week 1
November 1998, Week 5
November 1998, Week 4
November 1998, Week 3
November 1998, Week 2
November 1998, Week 1
October 1998, Week 5
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October 1998, Week 3
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October 1998, Week 1
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September 1998, Week 3
September 1998, Week 2
September 1998, Week 1
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June 1998, Week 5
June 1998, Week 4
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June 1998, Week 1
May 1998, Week 5
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May 1998, Week 1
April 1998, Week 5
April 1998, Week 4
April 1998, Week 3
April 1998, Week 2
April 1998, Week 1
March 1998, Week 5
March 1998, Week 4
March 1998, Week 3
March 1998, Week 2
March 1998, Week 1
February 1998, Week 4
February 1998, Week 3
February 1998, Week 2
February 1998, Week 1
January 1998, Week 5
January 1998, Week 4
January 1998, Week 3
January 1998, Week 2
January 1998, Week 1
December 1997, Week 5
December 1997, Week 4
December 1997, Week 3
December 1997, Week 2
December 1997, Week 1
November 1997, Week 5
November 1997, Week 4
November 1997, Week 3
November 1997, Week 2
November 1997, Week 1
October 1997, Week 5
October 1997, Week 4
October 1997, Week 3
October 1997, Week 2
October 1997, Week 1
September 1997, Week 5
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September 1997, Week 3
September 1997, Week 2
September 1997, Week 1
August 1997, Week 5
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August 1997, Week 3
August 1997, Week 2
August 1997, Week 1
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July 1997, Week 3
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July 1997, Week 1
June 1997, Week 5
June 1997, Week 4
June 1997, Week 3
June 1997, Week 2
June 1997, Week 1
May 1997, Week 5
May 1997, Week 4
May 1997, Week 3
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May 1997, Week 1
April 1997, Week 5
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April 1997, Week 3
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April 1997, Week 1
March 1997, Week 5
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March 1997, Week 3
March 1997, Week 2
March 1997, Week 1
February 1997, Week 4
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February 1997, Week 1
January 1997, Week 5
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January 1997, Week 3
January 1997, Week 2
January 1997, Week 1
December 1996, Week 5
December 1996, Week 4
December 1996, Week 3
December 1996, Week 2
December 1996, Week 1
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November 1996, Week 3
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November 1996, Week 1
October 1996, Week 5
October 1996, Week 4
October 1996, Week 3
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October 1996, Week 1
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February 1996, Week 5
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December 1995, Week 5
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August 1995, Week 1
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July 1995, Week 2
July 1995, Week 1
June 1995, Week 5
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June 1995, Week 3
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May 1995, Week 4
May 1995, Week 3
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May 1995, Week 1
April 1995, Week 5
April 1995, Week 4
April 1995, Week 3
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April 1995, Week 1
March 1995, Week 5
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March 1995, Week 3
March 1995, Week 2
March 1995, Week 1
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February 1995, Week 3
February 1995, Week 2
February 1995, Week 1
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January 1995, Week 3
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January 1995, Week 1
December 1994, Week 5
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December 1994, Week 3
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December 1994, Week 1
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May 1994, Week 5
May 1994, Week 4
May 1994, Week 3
May 1994, Week 2
May 1994, Week 1
April 1994, Week 5
April 1994, Week 4
April 1994, Week 3
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April 1994, Week 1
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