Re: Interlibrary loan language in site license - NEED OPINION

["Katherine V. Chew" <chewx002@umn.edu>]

This language has always been a "deal-breaker" for us.  If the 
publisher/vendor won't strike it from the license, or substitute 
our preferred wording, we will not sign the license.  We have 
found that most publishers are willing to change the clause, but 
for those few that won't, we just don't subscribe to their 
publications (and explain to staff and faculty why we do not).

Katherine Chew
Association Director for Research, Collections and Access Services
Health Sciences Libraries
University of Minnesota


> 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