[ILL-L] Question about licensing agreement

[Robyn Goldstein]

Are you negotiating with a US based entity or UK?  If the US, my 
understanding is that it's the borrower's responsibility.  In the UK, 
it's the lender's responsibility to make sure that the copyright has 
been paid.  If OUP is looking at this from a UK point of view, just 
remind them that you're a US based library and the copyright rules 
are different in this country.

Good luck!

Robyn
LUP

>From: ill-l-bounces at webjunction.org on behalf of Melissa Jackson
>Sent: Tue 6/3/2008 10:28 AM
>To: ILLiad-l Discussion List; ILL-L at webjunction.org
>Subject: [ILL-L] Question about licensing agreement
>
>
>
>Hi everyone!
>
>It's time for us to renew our licence with Oxford University Press 
>Journal's online package, and they want to put an odd bit of wording 
>in there.  They want us to track how many times we send an article 
>from their journals to a library, and as soon as we hit 6 in 5 years 
>or less they want US to pay copyright.  They say that because we now 
>have ILLiad this is possible.
>
>I think they're wrong. My understanding of copyright law/guidelines 
>that the responsibility rests on the borrower to keep track and 
>report to the CCC, not the lenders.  Has anyone else heard 
>otherwise?  Does anyone else have language like this in your 
>electronic license(s)?   Can anyone recommend a way to successfully 
>argue OUP out of this new rule?
>
>Thank you very much for your advice in this matter.  We /really/ 
>don't want to agree to this, and appreciate any tips on how to get 
>OUP to back off.
>
>
>Melissa Jackson
>ILL Librarian
>melissa.jackson at armstrong.edu

-- 
Ms. Robyn Goldstein
Rush Department
OCLC:  LUP

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