Re: confusion over License language Ryan Weir 24 Oct 2008 20:28 UTC
Jenny, Just as a disclaimer, I find these statements confusing as well. 1. ILL - If they have added the (such as inter-library loan) to your agreement, I would say you need to limit the amount of ILL items that are sent from that journal. I say limit instead of forbid because of the word "systematic" used. I would say a few articles from a publication per semester would not violate this agreement. However, if you start getting a large amount of articles requested you may want to reconsider. 2. E-Reserves - Reserves of a small part of an e-resource would seem to be allowed, as long as the link is up for a set amount of time and then removed. To be on the safe side ask the professor what dates he/she wants set as the viewing dates and then remove them. (not including transient, dynamic caches of individually requested material) Do not allow the professor to keep requesting these materials be put up every semester. I would consider this a violation. Come up with a policy that you can point to if there are questions. 1-2. If you want to be totally safe you could do any or all of the following: - Contact the publisher. Tell them what you are intending to do and ask for written clarification. - Get the backing of your administration on the decision you make. - Consult the legal advisor at your institution, if you have one. Hope this helps... Ryan Weir Serials and Electronic Resources Librarian University Libraries Murray State University Office: (270) 809-5607 Fax: (270) 809-5609 email: ryan.weir@murraystate.edu MSU Libraries: Information. Where you are, we are. -----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