Re: Interlibrary loan language in site license - NEED OPINION

[Karl Bridges <kbridges@uvm.edu>]

run, do not walk, to your university counsel.  One thinks that 
this falls under the laws relating to circulation records. See 
the language stating, "at a minimum"? What makes you think they 
won't be back soon claiming that their interpretation of the 
"minimum" includes the name and address of the borrower? And who 
decides what is "accurate"?  The only way for them to know that 
is accurate is to have access to your ILL records to see if the 
patron requests tally up with what was actually loaned. And it 
asks to provide the data "upon request" -- which means anyone who 
agrees to this is agreeing to provide the data daily -- if that's 
what they want.  It's a very open ended request as opposed to 
providing data monthly or quarterly.

----- Forwarded message from Elizabeth.E.Kirk@Dartmouth.EDU -----
From: Elizabeth Kirk <Elizabeth.E.Kirk@Dartmouth.EDU>
Subject: Re: Interlibrary loan language in  site license - NEED OPINION

Marybeth,

I would strike this and remind the vendor/publisher that CONTU
compliance already affords them a means of recovering
royalties--they don't need you to be a free security guard.

Best,
Eliz

Elizabeth E. Kirk
Associate Librarian for Information Resources
Dartmouth College Library
Hanover, NH 03755-3525
Elizabeth.E.Kirk@dartmouth.edu


On Dec 5, 2008, at 4:59 PM, Edwards, Marybeth wrote:

> Has anyone encountered the following language in a site license,
> which was proposed upon my request to be allowed to send a PDF
> copy of an article to fulfill a ILL request?
>
> - Licensee shall maintain an accurate written record with respect
>    to the transactions set forth in (iv).  Such record shall, at a
>    minimum, contain the name of the library to whom Licensee
>    supplied or loaned a copy of an article, the date the article
>    was provided, and the volume and page number of each article
>    supplied or loaned.  Licensee shall provide a copy of such
>    written record upon (licensor's) request.
>
> Marybeth Edwards, MSLS
> Manager, Health Science Library
> Roger Williams Medical Center
> Providence, RI 02908
> medwards@rwmc.org