[ILL-L] Question about licensing agreement

[Document Delivery]

I'm with you 100%, Ed. 


Edward Helmrich
ILL Office
Ryan Library
Iona College VXI
914-633-2352 
docdelivery at iona.edu

-----Original Message-----
From: ill-l-bounces at webjunction.org
[mailto:ill-l-bounces at webjunction.org] On Behalf Of Nora Allred
Sent: Monday, June 09, 2008 8:35 AM
To: Interlibrary Loan Listserv
Subject: Re: [ILL-L] Question about licensing agreement

I'm going to put on my "Pollyanna Rant Hat" for a moment and take issue
with Ed's statement (sorry Ed):

"...though I guess they can make any contract they want"

I see this as saying "the publishers/vendors are in charge" and that's a
dangerous attitude for libraries.  Contracts are negotiated.  True,
"they" can present any contract they want, but we do not have to agree
to all of their terms.  

In this case it looks like OUP doesn't understand how the ILL process
works and I'd argue that it's our responsibility to educate them.  IMHO,
the right to share through ILL in accordance with the ILL Code should be
negotiated into any and all licenses. 

If enough libraries speak up the publishers/vendors will have to listen.
We are after all their customers.

Rant over.

Nora




Document Delivery wrote:
> It's nice that they let you lend at all, but I agree with your
interpretation of where the rule of 5 responsibility rests, though I
guess they can make any contract they want, Ed.
>
> ________________________________
>
> 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
>
>
>
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--
Nora Allred
Head, Access Services
J. Robert Van Pelt Library
Michigan Technological University
Houghton, MI
phone: 906-487-3208
email: nsallred at mtu.edu



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