Jenny.

>From what I understand, license agreements fall under contract law first, then
copyright law. Therefore, we insist that our license agreements specifically address
interlibrary loan. So far, this has not been a problem. We do not use electronic
reserves, but I would think that you would want to address that specifically within
the license too.

Sally Krash
Electronic Resources Librarian
Southwest Research Institute
210.522.3097
skrash@swri.org

-----Original Message-----
From: SERIALST: Serials in Libraries Discussion Forum [mailto:SERIALST@list.uvm.edu]
On Behalf Of Jenny Lockwood
Sent: Friday, October 24, 2008 3:03 PM
To: SERIALST@list.uvm.edu
Subject: [SERIALST] confusion over License language

Greetings,
I find many of our licenses have the following standard phrases:
1."the systematic making of print or electronic copies of Online Content
for transmission to non-subscribers or non-subscribing institutions
(such as inter-library loans) is prohibited."
2. "Downloading portions of Online Content for the purpose of creating
pre-loaded, systematic and persistent local copies (not including
transient, dynamic caches of individually requested material) for
redistribution is prohibited."

1.Does anyone have a clear insight into whether ILL or Electronic
Reserves are allowed under these restrictions?  If one is to interpret
that ILL is prohibited--why is the qualifier, systematic, included? This
phrase is included in licenses that reference fair use and those that don't.
2. Would Electronic Reserves be allowed or do you think the second
statement does not address this type of cache.
Thanks in advance for any enlightenment offered...

Jenny

--
Jenny Lockwood
New Mexico State University Library
Acquisitions/Electronic Resources
PO Box 30006, Dept. 3475
Las Cruces, New Mexico 88003
Phone: 575-646-3104 Fax: 575-646-7477