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

[Margaret Ellingson]

The scenarios that Laura describes below are true if you are dealing with
material covered by copyright law.  However, if your library acquires or
subscribes to electronic resources covered by a license agreement, then it's
that agreement and not copyright law that governs your use of that material.
So, it's important for the folks signing licenses to be careful about the
provisions of those licenses, including re: ILL, and important for ILL staff
to know what they can and can't do with licensed material. The latter can be
a big challenge. We're fortunate that ILL information was finally
incorporated into our library's electronic resources management system so we
can now access it, as needed. -- Margaret Ellingson

**************************************************************************
Margaret W. Ellingson                  EMAIL: margaret.ellingson at emory.edu
Interlibrary Loan/Reference            PHONE: 404-727-6893
Woodruff Library                       FAX: 404-727-0052
Emory University                       ARIEL: ariel.library.emory.edu
Atlanta, GA 30322-2870  USA            OCLC: EMU ::  NUC: GEU
**************************************************************************

-----Original Message-----
From: ill-l-bounces at webjunction.org [mailto:ill-l-bounces at webjunction.org]
On Behalf Of Laura Barnard
Sent: Wednesday, December 12, 2007 11:53 AM
To: Interlibrary Loan Listserv
Subject: Re: [ILL-L] E-Journal Contracts and ILL Rules

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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