Hi Jenny,
<<"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.">>
I've rarely seen, in all the licenses I've looked at, language this blunt. Due to the inclusion of the phrase "(such as interlibrary loans)" it would appear to prohibit ILL. I'd check with the publisher and ask them to modify the clause so that ILL is not prohibited. Some licenses use boilerplate language that was written by people with little familiarity with libraries, and you will find that when you ask the publisher to modify the language they will modify it to suite the needs of libraries.

Regarding the ereserves question. The language you used as an example prohibits the posting of material from the electronic resource into an electronic reserves system or into a course management system without permission. It also does not allow the material to be used in course packs without obtaining permission or paying the appropriate national copyright clearinghouse. However, you could still link to the material, so this clause is not that onerous.

Bye for now,
Don

---------------------------------------------------------
Donald Taylor
Acting Head, Document Delivery Services
e: dstaylor@sfu.ca
t: 778.782.5596 f: 778.782.3023
Simon Fraser University Library
8888 University Dr.
Burnaby, BC Canada V5A 1S6

----- Original Message -----
From: "Jenny Lockwood" <jelockwo@LIB.NMSU.EDU>
To: SERIALST@LIST.UVM.EDU
Sent: Friday, 24 October, 2008 13:03:06 GMT -08:00 US/Canada Pacific
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