[ILL-L] ILL licensing restrictions w/ EBSCO, ProQuest, etc.

[Kathleen Juliano]

Even if you can find the terms and conditions on the publisher's
website, as you indicated, ILL is often not mentioned at all. The
question I raised last week is, if you make every effort to find the ILL
allowances in the agreement, but  it is silent on ILL,  can you still
send the articles? Some thought copyright laws governed in the absence
of a license, others indicated that if there is no specific ILL clause,
you should not send anything from an online journal, others thought you
should contact each publisher directly (who has time?). It's apparent
that there really is no definitive answer to this question.   There
doesn't even seem to be a consensus of opinion among individual
libraries.  
I guess we'll just keep working on it! 
Kathy





Kathy Juliano
Head, Interlibrary Loan 
Drew University Library
36 Madison Ave.
Madison, NJ 07940
973-408-3478
kjuliano at drew.edu


>>> John Stephens <STEPHENS_JA at Mercer.edu> 6/1/2009 2:07 PM >>>
>From what I've seen of our license agreements, both for aggregators and

for publishers we deal with directly, the usual restriction would be to

not mention ILL explicitly at all, unless you have people who handle 
licenses actively negotiating for ILL allowances. I'll go out on a limb

and say that yes, resource sharing will be spelled out globally for an

aggregator, when it's spelled out at all, but you still might find that

you have to see if "ILL is specifically prohibited by the publisher in

the copyright statement within an individual record" (from one of our 
agreements.) When it is allowed, you can see all kinds of variations, 
like allowing a hard copy to be lent but not an electronic copy, 
requiring that the borrowing institution meet certain criteria, etc. 
You'd have to dig up the actual licenses for your particular
institution 
to know for sure what you can and can't do, but most publishers will 
have a generic license somewhere on their website if you dig enough,
for 
example:

http://www3.interscience.wiley.com/tacou.html 
http://www.jstor.org/page/info/about/policies/terms.jsp 

Hope this helps!

John Stephens
Interlibrary Loan Coordinator
Mercer University Atlanta (GMA/GAUMUD)


Nathan Hosburgh wrote:
>
> General question re: licensing agreements w/ aggregators such as 
> EBSCO, ProQuest, etc.
>
> What kind of restrictions do they usually put on ILL/resource sharing

> of licensed content? I’m having trouble finding the license
agreements 
> at our library. Would stipulations re: resource sharing fall under
the 
> particular publishers w/n the EBSCO product (Academic Search 
> Complete), for instance, or be spelled out globally by the
aggregator? 
> I’m particularly interested in restrictions on electronic delivery
of 
> licensed content.
>
> Thanks,
>
> Nate
>
>
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