RapidILL and Borrowing Request Copyright Compliance
- These guidelines define the extent to which libraries can reproduce and share copyrighted materials under fair use before requiring copyright clearance or payment.
- They apply specifically to photocopying for interlibrary loan (ILL) purposes, primarily journal articles and book chapters.
The CONTU Rule of Five
This rule governs how many copies a library can request from a single journal title without needing permission:
- Up to five copies per year of articles from a single journal title published in the past five years can be borrowed or copied freely without obtaining copyright permission.
- If a library requests more than five copies from the same journal within a single calendar year, copyright permission must be sought and potentially paid for.
Age of the Journal and Copying Limits
- Materials published more than five years ago are not subject to the Rule of Five and can be copied freely under fair use.
- The five-year period is measured from the current year backward (e.g., in 2025, it applies to journals from 2020-2025).
- The rule applies only to recently published materials to prevent libraries from bypassing publisher subscriptions through excessive copying.
What Counts Toward the Rule of Five?
The five-article limit per journal per year applies to:
- All requests from one institution (not per patron).
- Any type of library request (staff, faculty, student, or external borrowing).
- All copies made by the library, regardless of whether they were supplied to a faculty member, student, or researcher.
Exclusions and Special Cases
The following do not count toward the Rule of Five:
- Articles from journals older than five years (can be freely copied).
- Requests made under direct fair use exceptions (such as a patron requesting a single article for personal study, if deemed fair use).
- Book chapters (These have their own separate guidelines under Section 108).
- Government publications or public domain works (not subject to copyright).
Options for Requests Exceeding the Rule of Five
If a request goes beyond the five-article limit, the library has three options:
- Seek and pay for copyright permission (through the Copyright Clearance Center or publisher).
- Refer the requester to alternative resources (such as open-access articles, preprints, or direct purchase options).
- Cancel the request if copyright permission is not feasible.
Summary of Key Limits
Item |
Rule |
Articles from journals older than 5 years |
No limit (can be copied freely) |
Articles from journals published in the last 5 years |
Up to 5 per year per journal (free under fair use) |
Exceeding 5 articles per journal per year |
Copyright permission required |
Why These Rules Matter
The CONTU guidelines help libraries:
- Stay compliant with copyright law.
- Provide fair access to research without undermining journal subscriptions.
- Ensure sustainability of interlibrary loan services.
An Analytics report is available to view journals that have reached the rule of 5.
- The report can be found in Alma by clicking the Analytics icon and choosing "Shared With Me" and searching for RapidILL - Rule of Five.
- Since the report starts with a prompt you will need to click the "View Full Report" button to see the report.