RE: Supplying electronic articles via ILL

["Sally Morris \(Morris Associates\)" <sally@morris-assocs.demon.co.uk>]

To my mind, the justification for what sounds like a somewhat 
'dog in the manger' policy is the fear that sending the articles 
electronically (and, indeed, the recipient then distributing them 
onward to all their friends/classmates) is just too easy, and 
risks seriously eroding subscription revenues by making it much 
easier to do without, and to rely instead on 'ILL' copies from 
other libraries.  The modest inconvenience of the photocopier put 
some kind of brake on easy, instant, unlimited redistribution.


Sally


Sally Morris
Partner, Morris Associates - Publishing Consultancy

-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Tracy L.
Thompson-Przylucki
Sent: 15 May 2009 06:08
To: liblicense-l@lists.yale.edu
Subject: Re: Supplying electronic articles via ILL: The "print-first"
requirement

Hi Elizabeth,

NELLCO's standard license agreement expressly permits electronic
ILL and does not have any print-first requirement. Here's the
relevant section:

"Interlibrary Loan. Licensee may fulfill occasional requests from
other institutions (by mail, fax or electronic transmissions), a
practice commonly called Interlibrary Loan. Licensee agrees to
fulfill such requests in compliance with Section 108 of the
United States Copyright Law (17 USC 108, Limitations on exclusive
rights: Reproduction by libraries and archives) and the
Guidelines for the Proviso of Subsection 108(2g)(2) prepared by
the National Commission on New Technological Uses of Copyrighted
Works."

What is the vendor/publisher justification behind a print-first
requirement? I would think this would be the perfect time to make
an argument for a change given the savings that could be realized
by the fulfilling library as well as the fact that it's not a
very earth-friendly practice.

Libraries are pushing for vendor/publishers to implement green
practices and the print-first requirement really flies in the
face of that goal.

Could you summarize your responses for the list? I know I'd like
to see what's happening on this front with e-ILL.

Cheers,

Tracy L. Thompson-Przylucki, Executive Director
New England Law Library Consortium (NELLCO)
Keene, New Hampshire 03431