RE: Interlibrary loan restrictions in license agreements

["Joanna Mitchell" <jmitchel@nmu.edu>]

Thank you Janet for your recommendation.  Someone else who asked 
for the wording of the sentence suggested that it was 
"permissive," not a prohibition, in that it says essentially that 
the subscriber can print copies for ILL to noncommercial 
libraries in the same country as the subscriber.  It doesn't say 
that we're prohibited from lending to commercial libraries in 
other countries for example.  One can argue that the main point 
of the sentence in the agreement was to enable ILL.  An 
interesting legal point. Joanna

-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Croft, Janet B.
Sent: Wednesday, November 29, 2006 5:15 PM
To: liblicense-l@lists.yale.edu
Subject: RE: Interlibrary loan restrictions in license agreements

I've seen that before.  I don't know if they interpret it so
narrowly that a library at a for-profit IHE (DeVry or something
similar) would be out of luck, or if they are only talking about
corporate libraries. And I can't see any really good reason for
limiting to the US. I'd suggest asking for a definition of terms
and negotiating.  They may not understand the limits they are
placing!

Janet Brennan Croft
Head of Access Services
University of Oklahoma Libraries
Norman OK 73019
jbcroft@ou.edu

------------------------------
From: "Joanna Mitchell" <jmitchel@nmu.edu>
To: <liblicense-l@lists.yale.edu>
Subject: Interlibrary loan restrictions in license agreements
MIME-Version: 1.0
Date: Tue, 28 Nov 2006 17:33:15 EST

Commonly now licenses seem to require that interlibrary lending
be handled by first printing and then delivering an article by
fax, Ariel, snail mail, etc.

I'm looking at a license agreement which enables lending in this
way but limits lending to:

               Non-commercial libraries

               Located in the U.S.

Would you agree that this is unduly restrictive?  Have you also
encountered such limits on the borrowing institutions?

_________________
Joanna Mitchell                               Phone: 906-227-1208
Collection Development Librarian      Fax:  906-227-1333
Olson Library                                  Email:  jmitchel@nmu.edu
Northern Michigan University
Marquette, MI 49855-1512