Re: Ejournals and ILL

["Tracy L. Thompson" <tracy.thompson@yale.edu>]

Hi, NELLCO's standard license agreement includes electronic ILL. 
I've copied the relevant text below. Feel free to use it in your 
own license agreements or negotiations.

>Interlibrary Loan.  Licensee may fulfill occasional requests 
>from other institutions (by mail, fax or electronic 
>transmissions), a practice commonly called Interlibrary Loan. 
>Licensee agrees to fulfill such requests in compliance with 
>Section 108 of the United States Copyright Law (17 USC- 108, 
>Limitations on exclusive rights: Reproduction by libraries and 
>archives) and the Guidelines for the Proviso of Subsection 
>108(2g)(2) prepared by the National Commission on New 
>Technological Uses of Copyrighted Works.

Cheers, Tracy Thompson
NELLCO
New England Law Library Consortium


At 07:31 PM 2/26/2008, you wrote:
>Hi Beth,
>
>We have only one license that permits us to send the electronic
>copy of the article from the database. Since other agreements
>specify that we may use a print copy for interlibrary loan
>purposes, we print a copy of the pdf from the database, then scan
>and send the document through Ariel, as is our usual practice.
>
>Sue Nelson
>Instructional Services Librarian
>Snowden Library
>Lycoming College
>Williamsport, PA 17701
>(570) 321-4352
>nelson@lycoming.edu
>
>
>>>> "Beth Jacoby" <bjacoby@ycp.edu> 2/25/2008 6:48 PM >>>
>
>I'd like to hear how other libraries are handling interlibrary
>loan transactions for online journal articles when the license
>agreement forbids electronic transmission of the article.  We
>recently signed two separate license agreements which, according
>to my interpretation, do not allow us to fulfill ILL requests
>unless we print out the article and send it via snail mail.
>
>Wording of the license from the first publisher: "The Subscriber
>may print and deliver Excerpts to fulfill requests as part of the
>practice commonly known as 'interlibrary loan' from
>non-commercial libraries located within the same country as the
>Subscriber."
>
>Wording of the license from the second publisher: "The
>subscribing Institution's library facilities are permitted to use
>printouts from the electronic versions of the Journals, but not
>manipulable electronic files, for the purpose of inter-library
>loan, subject to the limitations of Section 108 of the Copyright
>Act of 1976 and the CONTU Guidelines related thereto."
>
>If we get an ILL request for an article we have only in print,
>our current practice is to scan the article and send it to the
>requesting library as a PDF document.  As I interpret these
>licenses, we may neither send the article from the e-version nor
>scan the print and send it as a PDF for ILL purposes.
>
>1.      How do you interpret these clauses?
>2.      Would you consider a PDF file as "manipulable"?
>3.      Have you had any success in negotiating more liberal ILL clauses?
>
>Beth Jacoby
>Collection Development Librarian
>Schmidt Library
>York College of Pennsylvania
>York, PA  17405-7199
>Email: bjacoby@ycp.edu