meaning of "systematic"

[Ann Okerson <ann.okerson@yale.edu>]

Forwarded for Pam Davies, IPR Officer, Brotherton Library, University of
Leeds.
____

From: Pam Davies <p.m.davies@leeds.ac.uk>
To: "Email list Liblicense-L (E-mail)" <liblicense-l@lists.yale.edu>
Subject: meaning of "systematic"
Date: Fri, 31 May 2002 15:56:45 +0100

Colleagues,

We have a licence agreement with an ejournal publisher which says:

"Systematic or programmatic downloading (for example, downloading entire
journal issues), service bureau redistribution services, printing for
fee-for-service purposes and/or the systematic making of print or
electronic copies for transmission to non-subscribers or non-subscribing
institutions (such as in "interlibrary loan") are prohibited."

I couldn't work out from this whether normal interlibrary loan was
allowed. I asked our local legal advisor, who couldn't interpret the word
"systematic" for me in this context.

I emailed the publisher, asking:

"I'm not clear whether your licence is saying:

(a) that the operation of an Interlibrary loan service constitutes
"systematic" making of copies for transmission to other users, and
therefore is forbidden or

(b) that making systematic copies for supply to other users through
Interlibrary loan (eg sending them a copy of each issue as it appears) is
forbidden (but, by implication, normal Interlibrary loan is OK)"

And their reply was:

"Thank you for your inquiry.  Interlibrary loan fulfillment is not
permitted from the online journals.  Requests for material can be supplied
from the print copy of the journal, but it is not acceptable to use the
electronic journal for this purpose.

Our license states (a) that the operation of an Interlibrary loan service
constitutes "systematic" making of copies for transmission to other users,
and therefore is forbidden.  "

Someone I've since spoken to thinks this is *not* a reasonable
interpretation of that licence.

Have you any views, or can you refer me to any authoritative
interpretation of "systematic" in this context?

Best wishes

-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Pam Davies, IPR Officer, Brotherton Library,
University of Leeds, LEEDS LS2 9JT, UK
email: p.m.davies@leeds.ac.uk
phone:  0113 343 5543   fax:  0113 343 5561