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Re: confusion over License language Stokes, Judith (28 Oct 2008 14:52 UTC)

Re: confusion over License language Stokes, Judith 28 Oct 2008 14:52 UTC

I agree. ILL is not at all systematic. Every request is unique.

On the topic of e-reserves ... all the e-reserves prohibitions I have come across are specifically about *downloading* (or, as Jenny said, caching) content for the purpose of e-reserves. Providing a link to an online article from your e-reserves system and providing proxy access to your users off-campus is fine.

In principle, I think, they are not really objecting to e-reserves, so much as they are they are simply refusing to sell your library their content -- they will only rent it to you. If you cancel your subscription, you lose some or all of your prior online holdings, your links go dead, and, if you have no print holdings, you have nothing at all.

Just my opinion, of course,

Judith E. Stokes
Serials/E-resources Librarian
Rhode Island College
600 Mount Pleasant Avenue
Providence, RI 02908-1991
401.456.8165

-----Original Message-----
From: SERIALST: Serials in Libraries Discussion Forum [mailto:SERIALST@list.uvm.edu] On Behalf Of Borchert, Carol Ann
Sent: Tuesday, October 28, 2008 10:18 AM
To: SERIALST@LIST.UVM.EDU
Subject: Re: [SERIALST] confusion over License language

I was thinking that as well.  ILL is not, by any means, "the systematic
making of print or electronic copies."

Carol Ann

-----Original Message-----
From: SERIALST: Serials in Libraries Discussion Forum
[mailto:SERIALST@list.uvm.edu] On Behalf Of Kristen Fredericksen
Sent: Tuesday, October 28, 2008 10:10 AM
To: SERIALST@LIST.UVM.EDU
Subject: Re: [SERIALST] confusion over License language

I was taught that "systematic" means "regular." So systematic copying
would be like sending another library articles from every single issue.
Obviously, ILL would be more sporadic. I think the second phrase allows
for temporary creation of a file for ILL. For instance, you print out
the article, then scan it into Ariel, and send it to another library. It

seems that e-reserves are prohibited.

That's just my $.02. Does anyone disagree with my interpretation?

Thanks,
Kristen

Jenny Lockwood wrote:
> 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
>

--

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Kristen Fredericksen
Head of Information Processing
Serials/Fast Track Processing
Mullen Library 012
The Catholic University of America
Washington, DC 20064-0001
Phone: 202-319-5073
Fax: 202-319-4181
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