[ILL-L] E-Journal Contracts and ILL Rules

[Andrea Schurr]

We are in the process of subscribing to a particular e-journal and are
concerned with the interlibrary loan restrictions in the contract.  The
publisher provides us with two bad options.  In both options we would be
contractually obligated to fill ILL requests "in compliance with
Section 108 of the Copyright Act of the U.S. and be within the CONTU"
guidelines.  This makes it seem that we would be required to track on
the CONTU and Copyright compliance of the libraries that borrow from us
- which it seems to me is nearly impossible.  

That issue aside, we have a choice between:
1) Printing off copies from the electronic database and handling them
like we would ILL's from a paper journal - with no additional
stipulations.  

Or 

2) Using electronic copies directly from the e-journal, but with a
stipulation that we can only lend articles to "academic libraries for
educational purposes" and that we must submit a biannual report of
libraries that we lend this journal to and the # of articles requested.


I was wondering how others out there have dealt with this sort of issue.
Which option have you chosen?  How have you dealt with tracking on the
copyright compliance of other libraries?  And, if you've dealt with
restrictions like are present in option #2, how have you tracked on the
"academic library" stipulation? Alternately, has anyone successfully
renegotiated a contract like this one to provide more reasonable terms?


Thanks for your time and input!
Andrea

--
Andrea Anderson Schurr
Assoc. Prof. and Head, Access Services
Lupton Library, Dept. 6456
University of Tennessee at Chattanooga
Phone: 423-425-2668
Fax: 423-425-4775
Email: Andrea-Schurr at utc.edu