Most people are familiar with the five articles from the last five years of a given title in a given calendar year rule. Interlibrary loan refers to the process of borrowing publications or obtaining surrogates of publications library to library on behalf of library patrons. The Copyright Law provides for limitations on these exclusive rights, however. The two limitations most relevant to libraries and archives are Section 107 which allows individuals a fair use of a work for specific purposes, and Section 108 which permits libraries and archives to reproduce materials for other libraries through interlibrary loan. Fair use is one of the limitations on the exclusive rights of the copyright holder as specified in Section 107 of the Copyright Law.
Fair use relates to the purpose for which the individual is requesting the material.
The third factor is an important one in the context of interlibrary loan. Section 108 of the Copyright Law gives libraries and archives the right to reproduce no more than one copy or phonorecord of a work or to distribute such copy or phonorecord under the conditions specified by this section. A library may not use any exclusion under Section 108 to produce multiple copies of items, or to request and receive copies to avoid subscribing to or purchasing a copyrighted work. In addition, Section 108 typically does not apply to musical work, a pictorial, graphic or sculptural work, or a motion picture or other audiovisual work. Provided, that nothing 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.