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

[Document Delivery]

Some other countries don't have comparable fair use laws (France?), but I think that the copyright laws of the country you're in apply even to foreign published journals,

Ed Helmrich
Iona College

-----Original Message-----
From: ill-l-bounces at webjunction.org [mailto:ill-l-bounces at webjunction.org] On Behalf Of Potapoff,Jason
Sent: Thursday, November 12, 2009 12:09 PM
To: ill-l at webjunction.org
Subject: Re: [ILL-L] Subscription Does not Allow ILL copy Royalty Copyright Fees

How I would handle that is to bring it up with my supervisor then eventually the legal/copyright department. Since I am not sure if they have a legal right to make such claims since I think US and Canada copyright laws trump the company's desires.  Especially the case where they wanted you to tell them who filled the requests as in Canada that's protected under the Freedom of Information Protection Act (FOIP) (not sure if the USA has a similar protection policy). 

It may be a case of a company trying to bully some money out of libraries hoping that they are too scared to double check copyright laws and will just pay up. Or as someone else suggested perhaps they are based out of a different company that has different copyright laws. 

Not sure why you don't want to tell us which publication this is. Perhaps we should all know 1) so we don't make the same mistake by ILLing their articles (either lending or requesting) and 2) those who do subscribe to this publication may want to re-think giving them money by subscribing to their publication if that's how they want to do business.



Jason Potapoff
Interlibrary Loans Technician - NAIT Library
P 471.8780    




-----Original Message-----

Date: 10 Nov 2009 12:27:56 -0600
From: d-zopf at umn.edu
Subject: [ILL-L] Subscription Does not Allow ILL copy Royalty
	Copyright Fees
To: Interlibrary Loan Listserv <ill-l at webjunction.org>
Message-ID: <Gophermail.2.0.0911101227560.11143 at vs-a.tc.umn.edu>
Content-Type: text/plain; format=flowed; charset=UTF-8

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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