RE: ILL Language

["David Goodman" <David.Goodman@liu.edu>]

I certainly agree with Lesley that this clause is not appropriate. The
copyright laws are, to my nonlawyerly eyes, clear that the responsibility
for observing copyright in ILL belongs to the recipient. It is also clear
that copies made for commercial entities must have royalty paid--but paid
by the receiver of the copy. It seems to me that the statute by itself
protects the rights of the publisher as fully for electronic as for paper
material.

In practice, it is difficult enough for ILL departments to operate using
the available software without special exceptions. Most, to my knowledge,
responded to the earlier situation where many publishers did not permit
ILL from electronic, by refusing requests from electronic material of all
publishers rather than keep track of the actual requirements for each one.
I would not be suprissed if some still followed this policy.

Dr. David Goodman
Associate Professor
Palmer School of Library and Information Science
Long Island University
dgoodman@liu.edu

-----Original Message-----
From:	Croft, Janet B. [mailto:jbcroft@ou.edu]
Sent:	Fri 3/12/2004 9:56 AM
To:	liblicense-l@lists.yale.edu
Subject: RE: ILL Language

Yes -- it might be reasonable to agree to a clause saying you will only
lend from this database to a library connected to a not-for-profit
institution, thus reducing the possibility that the item will be retained
by the receiving library for commercial purposes.

Janet Brennan Croft
Head of Access Services
University of Oklahoma

____

From: "Lesley Ellen Harris" <lesley@copyrightlaws.com>
To: <liblicense-l@lists.yale.edu>
Subject: Re: ILL language - responsibility of library
Date: Thu, 11 Mar 2004 19:28:46 EST

Another issue to think about re this ILL language is how responsible is
the library for ensuring that the use is for noncommercial purposes.  
Generally, a library does not want to have this burden/responsibility
and
wording could be chosen to ensure this.

Lesley Ellen Harris
Copyright Lawyer/Consultant
lesley@copyrightlaws.com