Ejournals and ILL

[Linda Wobbe <lwobbe@stmarys-ca.edu>]

Hi Beth,

Good question. The first license example says "print and 
deliver"; well Ariel seems like a delivery method to me, so I'd 
probably interpret it as such. Is that what you are using?

We have actually had good luck negotiating changes to these types 
of clauses. We ask to allow "Ariel or other secure electronic 
transmission" for ILL purposes.

NERL's generic license doesn't specify this, but CDL has this 
clause in their Interlibrary Loan section of their Model License 
<http://www.cdlib.org/vendors/CDLModelLicense.rtf> "Using secure 
electronic, paper, or intermediated means such as Ariel, Licensee 
may fulfill occasional requests from other institutions, a 
practice commonly called Interlibrary Loan."

Linda Wobbe
Head, Collection Development & Periodicals
Science Subject Specialist
Saint Mary's College of California
Library
Moraga, CA 94575-4290
lwobbe@stmarys-ca.edu
(925) 631-4232 phone (925) 376-6097 fax



Beth Jacoby wrote:

I'd like to hear how other libraries are handling interlibrary loan
transactions for online journal articles when the license agreement
forbids electronic transmission of the article. We recently signed two
separate license agreements which, according to my interpretation, do
not allow us to fulfill ILL requests unless we print out the article and
send it via snail mail.

Wording of the license from the first publisher: "The Subscriber may
print and deliver Excerpts to fulfill requests as part of the practice
commonly known as 'interlibrary loan' from non-commercial libraries
located within the same country as the Subscriber."

Wording of the license from the second publisher: "The subscribing
Institution's library facilities are permitted to use printouts from the
electronic versions of the Journals, but not manipulable electronic
files, for the purpose of inter-library loan, subject to the limitations
of Section 108 of the Copyright Act of 1976 and the CONTU Guidelines
related thereto."

If we get an ILL request for an article we have only in print, our
current practice is to scan the article and send it to the requesting
library as a PDF document. As I interpret these licenses, we may neither
send the article from the e-version nor scan the print and send it as a
PDF for ILL purposes.

1. How do you interpret these clauses?
2. Would you consider a PDF file as "manipulable"?
3. Have you had any success in negotiating more liberal ILL clauses?

Beth Jacoby
Collection Development Librarian
Schmidt Library
York College of Pennsylvania
York, PA 17405-7199
Email: bjacoby@ycp.edu