I guess this really comes down to interpretation. ILL is systematic, since it is conducted according to a system, plan, or organized method. Hoever, sending articles from electronic resource X may not be systematic in itself since it does not regularly happen (although when it does it is part of a systematic process). If the publisher had left out the phrase "interlibrary loans" when describing what is prohibited everything would be fine. But since they've basically said "ILL is prohibited" then I'd get the language changed. By querying this matter the publisher will also be made aware of a flaw in their contract. The most annoying thing is when the publisher replies "oh, go ahead and make the change - lot's of libraries request this change." If that's the case why don't they change their license! Sorry, I got tangental here.
Regards,
Don

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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: "Kristen Fredericksen" <FrederiK@CUA.EDU>
To: SERIALST@LIST.UVM.EDU
Sent: Tuesday, 28 October, 2008 07:09:58 GMT -08:00 US/Canada Pacific
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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