[ILL-L] Subscription Does not Allow ILL copy Royalty Copyright Fees

[Esther Y. Dell]

Some time back, the advice given to me was that as long as the transaction is
conducted within the confines of the Copyright Law /Contu Guidelines, the right
to ILL is "trumped" only by licensing, when the library (licencee) agrees to
the limitation at the time of purchase/subscription.  So unless a legal
agreement took place at the time of purchase of the print journal, a statement
of prohibition on the part of the publisher should not override the standard
allowance provided by law.  Are there others who understood the same way?
 
Esther Dell

On Tue, Nov 10, 2009 04:04 PM, "Robinson, Arthur " <arobinson at lagrange.edu>
wrote:

> Yipes.  Is this one of the "Expert Opinion..." series?  We requested
>an
>article some years ago and it came back Unfilled, with a notice about
>this policy.  I guess we're lucky the lending library knew about the
>policy, or we too might have had to pay through the nose, if the
>journal's spies had found out.
>
>The news that this journal wanted to know the lender is making me even
>more paranoid.  I have never supplied articles from electronic journals
>(except JSTOR and Project Muse, who allow this in our contract), but I
>assumed this not would not be an issue with our print journals.  
>
>I can understand your reluctance to name the journal, but if anyone out
>there is willing to identify journals that have acted this way, I'd
>appreciate it, so I know not to request anything from them on ILL.  (I'd
>also be inclined to boycott their journals and not subscribe to them,
>but since we're a small library, I doubt we could afford subscribing to
>them anyway!)
>
>Arthur
>
>-----Original Message-----
>From: ill-l-bounces at webjunction.org
>[mailto:ill-l-bounces at webjunction.org] On Behalf Of d-zopf at umn.edu
>Sent: Tuesday, November 10, 2009 1:28 PM
>To: Interlibrary Loan Listserv
>Subject: [ILL-L] Subscription Does not Allow ILL copy Royalty Copyright
>Fees
>
>I found out today that some print journals do not allow ILL. The print 
>subscription does not allow anyone who does not subscribe to them to get
>
>articles from their journal.
>
>I asked for ILL for several articles from this journal.
>
>I do not want to name the journal. They are asking us for a years 
>subscription of over $900 because we received 2 articles over
>guidelines. I 
>just wanted to pay royalty copyright fees, not a subscription.
>
>I think this is odd. But, I makes me also aware, that maybe I should not
>
>ILL every request before I check the subscription for Print as well as 
>online.
>
>The Journal wanted to know who filled the requests. I told them I did
>not 
>know. Odd. IT sounds like they want to go after who filled the request 
>also.
>
>How do others handle this ??
>
>David Zopfi-Jordan
>Law Library U of M
>MLL
>x-asap at umn.edu
>
>
>
>
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Esther Y. Dell, AMLS, AHIP
Associate Librarian
George T. Harrell Library - H127 (C1620)
Penn State College of Medicine
PO Box 850
500 University Drive
Hershey, PA 17033
(717)531-8633 (voice)
(717)531-8635 (fax)
eyd1 at psu.edu


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