Re: confusion over License language Sarah McCleskey 27 Oct 2008 21:51 UTC
Hi, I think you have to be careful for ILL but that's not really my area of expertise. We do create stable links to content in databases (unless specifically prohibited in the actual document, such as articles from Harvard Business Review). We do this for electronic reserve and Blackboard. Linking is always preferable to downloading/uploading. Sarah McCleskey Sarah E. McCleskey Head of Access Services Acting Director, Film and Media Library 112 Axinn Library 123 Hofstra University Hempstead, NY 11549 Sarah.E.McCleskey@hofstra.edu 516-463-5076 (o) 516-463-4309 (f) >>> Donald Taylor <dstaylor@SFU.CA> 10/27/2008 12:00 PM >>> 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