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Elsevier Accepts Modified License Agreement 

Date: Wed, 02 Jul 1997 16:16:51 +0200
From: ESO Garching Librarian <esolib@ESO.ORG>
To: SLAPAM-L@lists.yale.edu, liblicense-l@pantheon.yale.edu
Subject: Elsevier accepts modified License Agreement


[This message was cross-posted to slapam-l and Liblicens-l. Please
excuse the duplication.]

Those colleagues who subscribe to the electronic version of "New
Astronomy" will have received the corresponding License Agreement
from Elsevier during recent weeks. When checking the wording, 
we recognized that the contract, like contracts of many
other publishers, explicitly prohibited Interlibrary Loan using
the electronic edition:

	"Usage Restrictions, Interlibrary Lending. 
	Except as expressly permitted in Section 1.4 above, 
	access to the Journal may not, directly or indirectly, 
	be used [...]:

	[...]

	- for the purpose of making interlibrary loans.

After discussing extensively with Elsevier and explaining our
reasons for not being able to sign such an agreement, we
finally slightly modified this paragraph so that it read:

	" - for the purpose of making interlibrary loans except
	    in accordance with current copyright law and CONTU
	    guidelines." 

The first modified contract now has passed Elsevier's Legal 
Department and was returned without further comments. 
Therefore, we have high hopes that all (modified) contracts 
will be approved.

Current copyright typically favors copyright owners over users.
We regard maintaining the balance between these rights 
as represented by ILL as an essential librarian's task in the 
digital age. The example mentioned above shows that librarians 
should continue to explain to publishers their reasons for not 
accepting particular paragraphs in contracts and thus work
towards fair and acceptable settings also with regard to electronic
publications. It is also hoped that other publishers follow the
positive example Elsevier has given.


Uta Grothkopf				Ellen Bouton
ESO Library				NRAO Library
esolib@eso.org				library@nrao.edu


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