2005 ILL Guidelines - Charging for ILL Services

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Charging for Interlibrary Loan Services

Library staff, administrators, and public officials sometimes question whether or not it is legal to charge for interlibrary loan services. Interlibrary loan services at the state level, such as those provided by WILS, and interlibrary loan providers or commercial services outside Wisconsin also provide services on a fee basis. Other charges may potentially take place at several levels. Libraries may charge each other for interlibrary loan and/or libraries may want to charge customers for interlibrary loan services.

Historically, the state has paid for a portion of the interlibrary loan structure in Wisconsin through provision of state aids to public library systems, funding of the Reference and Loan Library, funding of state agency and university library services, and funding of state level contracts. Although no charges are levied between libraries, some libraries may receive reimbursement through these sources of funding. A great deal of interlibrary loan has also been provided on a reciprocal basis by all types of libraries.

The Division for Libraries, Technology, & Community Learning has taken the position that public libraries cannot charge customers for interlibrary loan services and also offered advice and counsel on the appropriateness of various kinds of charges.

Other types of libraries may be in a better position to legally charge other libraries for their services. However, the Division for Libraries, Technology, & Community Learning requests that careful consideration should be given to the impact of doing so. Charging other libraries can upset the balance that has been achieved for the provision of interlibrary loan services and greatly decrease the frequency of the use of interlibrary loan services. The ability of many libraries to serve their customers will be greatly curtailed. The cost of maintaining records of charges may outweigh the benefits of obtaining additional funds. Libraries that are being charged may also charge other libraries defeating any benefits to be obtained by reciprocal borrowing.

All libraries should consider carefully the impact of charging customers for services. In most cases, this will likely result in a decrease of services requested from the library.

Public libraries and public library systems

The charging of fees to individuals for access to the information services provided by a public library including interlibrary loan violates the legislative policy and specific statutory provisions of the Wisconsin Statutes. This is true whether a public library is a member of a public library system or not. However, if the public library is a member of a public library system, it is also violating a requirement for participation in the system.

A public library that is a member of a public library system must provide its users access to the interlibrary loan service of the public library system, and it must fill interlibrary loan requests from other system member libraries within the system area. However, it is not required to forward an interlibrary loan request from a library user to any library or library organization that charges a fee for this service. If it does so, it cannot pass the fee on to the library user.

A public library system may not charge a member library or a library user for handling or filling an interlibrary loan request within the system service area, or for referring the interlibrary loan request to a library outside of the system area.

It would be legal, but not desirable, for a public library system to pass on an interlibrary loan charge from a library or library organization outside of the system service area to a member library. However, that charge could not be passed on to the library user, and the public library would not be under any obligation to pay the charge.

Supporting Attorney General's Opinions

In an opinion issued in 1984 (OAG 26-84) the Wisconsin Attorney General adopted the following guideline which was utilized by the California Attorney General in a 1978 opinion for determining which services provided by a library were required to be free under s. 43.52 (2), Wis. Stats.:

If the transaction involves the satisfaction, with library resources, of a patron's request for information (whether for educational, recreational or entertainment purposes), such transaction is a "library service." Other transactions, not involving the furnishing of information, though carried out by a library, would not be a "library service"... Perhaps the essential distinction that is operative here is between those services which are reflective of a library's inherent information providing function and those ancillary services which are not unique to libraries and which can be just as effectively provided in nonlibrary settings. Examples of such nonlibrary services might include the furnishing of meeting rooms, allowing the use of typewriters and copying machines, rental of audiovisual equipments, etc.

In the same opinion, the Wisconsin Attorney General went on to indicate specifically that a library could not charge for borrowing 16mm films and for holding materials on reserve. It could, however, charge for the use of framed pictures, projectors, screens, and audio cassette players. The opinion also indicated that a library could charge for the rental of best sellers as long as it also made available a "reasonable number" of copies of the same item which circulated without charge.

In a 1989 opinion (OAG 30-89), the Wisconsin Attorney General indicated that a library could not charge fees for renting video cassettes or for online searching of remote commercial bibliographic and information databases. The opinion indicated that a library could charge a fee for video cassettes which are in addition to a "reasonable number" of permanent collection cassettes.

In a 1990 opinion (OAG 5-90), the Wisconsin Attorney General issued the opinion that a public library system may not charge fees for services which are inconsistent with the provisions of section 43.52 (2), Wis. Stats.

Statutory provisions

Section 43.001 (1) (a), Wis. Stats., states:

The legislature recognizes: The importance of free access to knowledge, information and diversity of ideas by all residents of this state.

Section 43.52 (2), Wis. Stats., states in part:

Every public library shall be free for the use of the inhabitants of the municipality by which it is established and maintained, subject to such reasonable regulations as the library board prescribes in order to render its use most beneficial to the greatest number.

Section 43.52 (2) also applies to joint libraries created under s. 43.53 and county libraries created under s. 43.57.

Public libraries which participate in public library systems are required to offer free service to all members of the public library system, and to participate in interlibrary loan under s. 43.15 (4) (c) 4, Wis. Stats.

Section 43.24 (2) (a) requires library systems to ensure interlibrary loan of materials among all participating public libraries.

Section 43.24 (2) (b) requires library systems to ensure the referral or routing of reference and interlibrary loan requests from libraries within the system to libraries within and outside the system.

Section 43.18 (2m) states:

With the approval of the division, a public library system may expel, or reduce aids or services to, a municipality or county that fails to meet the requirements under s. 43.15 (2) and (4).

Section 43.24 (3) states in part:

The division may reduce state aid payments when any system or any participant thereof fails to meet the requirements of sub (2).

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For questions about this information, contact Martha Berninger (608) 224-6168

Last updated on 11/26/2008 12:44:29 PM