RE: electronic journals CCC

[Tom Williams <twilliam@bbl.usouthal.edu>]

Scott, when NLM or NN/LM get inquiries or requests for materials from
individuals or groups from specific areas they usually refer them to the
nearest resource library.  It has been my understanding all along that we
should be providing these folks service - including ILL or Doc Del.  Our
"community" consists largely of area hospitals and I do believe NN/LM
expects us to provide services.  Otherwise, all of these users could be
going directly to NLM or NN/LM, possibly overloading their system (thus
resource libraries) and NLM would charge them more than we do in many
cases.  So would NLM or NN/LM then be considered a "commercial"
enterprise?

As for E vs print.  If it is our duty, as we believe, to provide services
then our contention is that it should make no difference whether the
source material is in print or E - fair use, contu, etc. should apply.

As I've mentioned before, according to the copyright law sec. 108, a, 1
"the reproduction or distribution is made without any purpose of direct or
indirect commercial advantage."  Some publishers and even a few library
types maintain that a library's attempt at cost recovery, or more
frequently, partial cost recovery is "commercial."  Quite the stretch in
my opinion.  Any publisher is welcome to come see our books to confirm
that we definitely get no "commercial advantage" from this service.

There is another part in sec 108 that I have been missing.  Under f, 4
which starts out, "Nothing in this section"  it goes on in 4 to state "in
any way affects the right of fair use as provided by section 107, or any
contractual obligations assumed at any time by the library..."  Since we
have contracts with our hospital members, are they not covered under this
section?

A further indication that the view I have been expressing is supported is
by a statement on the AALL site (American Assoc of Law Libraries) at
http://www.aallnet.org/about/policy_fair.asp in section 1.4, paragraph 3
where it says (while discussing 108):  "Under 108(d), libraries that
qualify for the Library Exemption (and we do) may provide a single copy to
an external user upon request from that user.  The copy provided may be
either photocopy or electronic copy.  Consistent with 108(a) 1, the
library may charge a reasonable fee for making the copy as long as the
charge does not exceed reasonable cost recovery."

On the same AALL site, section 2.1, paragraph 3 it states:  "For-Profit
Libraries in the for-profit sector may provide a single copy of an
article, a chapter, or a portion of another copyrighted work to clients to
support work done for the client.  The copy provided may be either a
photocopy or an electronic copy, provided it includes the appropriate
notice."  I don't see this explicitly written in 108 but since AALL has
access to some of the best legal minds, the conclusion could be that this
has sound legal basis.  I'm not sure though.

and so it goes...

Tom 

-- 
Thomas L. Williams, AHIP
Director, Biomedical Libraries and
 Media Production Services
University of South Alabama
College of Medicine
Mobile, Al 36688-0002
tel. (334)460-6885
fax. (334)460-7638
twilliam@bbl.usouthal.edu

On Wed, 2 May 2001, T. Scott Plutchak wrote:

> Tom,
> 
> I think you may be overstating the obligations of resource libraries in
> the NN/LM network.  We are obligated to participate in the DOCLINE
> interlibrary loan network and we are obligated to provide MEDLINE searches
> (for which we can be expected to charge a fee) for local healthcare
> professionals.  I'm not aware of anything in the NN/LM agreements that
> obligate us to provide library services to "the community" broadly defined
> -- particularly not anything that extends to our providing access to
> licensed resources.  Am I missing something?
> 
> Scott
> 
> T. Scott Plutchak
> Director, Lister Hill Library of the Health Sciences
> University of Alabama at Birmingham
> 
> tscott@uab.edu