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

[Laura Barnard]

It is the borrower's responsibility to meet the law and the guidelines, and to indicate to the lender that they have done so by including CCL or CCG on the request.

As lenders, we have always assumed our obligation is to consider requests only if the CCL or the CCG is there and that as lenders we have no other obligations to the copyright law, and are not obligated to police the borrower.

 We do have a limit on the number of pages we will copy, but that is our own internal policy based on staffing issues.  And if we think the material requested is  'a substantial portion' of the total issue, we will conditional the borrower as a courtesy to let them  know what they are asking for.  But if a borrower asks for a copy of an entire issue, and they have indicated CCG or CCL, they are telling us they have done what they need to do to get a legal copy.  

If others read the lender's responsibilities under section 108 and the guidelines as different than this, I would be most interested in knowing what you consider as required and if possible what language in the law leads you to the conclusion.

Laura Barnard
Interlibrary Loans
Seattle Public Library (UOK)
206-386-4601
ill at spl.org

>>> "Andrea Schurr" <Andrea-Schurr at utc.edu> 12/12/2007 8:06 AM >>>
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 


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