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RE: PsycArticles License


1. When we receive a request for an article from a print journal, many
libraries (including mine) normally send it by Ariel. this would
conceivably be subject to the same problems, but is certainly permitted by
fair use and the ILL provisions, whether or not the publishers are happy
about it. They have not objected in part because it goes through an analog
stage. I would not regard it absurd to make the same requirement on
materials from electronic journals--that we first print it, and then Ariel
it, but many licenses do not permit this.

2. In some respects the most obnoxious part of the ILL clauses for
electronic journals is the requirement for the lending library to send
data to the publisher. Many ILL systems cannot automatica;ly do it, and it
is such as exception to normal workflow that many libraries will not do
ILL from e-journals for this reason alone. We don't tell the publisher how
many copies we make from print--there is no more justification here. The
copyright law puts this requirement on the borrowing library, not the
lending library, and only if fair use is exceeded, in which case the
borrowing library reports--and pays-- through the CCC. That would seem
good enough here too. It certainly protects the publisher against unpaid
unlimited library ILL.

3. The attempt to hold libraries responsible for the actions of their
patrons was also dealt with for print by the Copyright law, by the notices
placed on copies and on photocopiers. Again, it's good enough here.

4. The solution, unlikely as it may be in the present repressive legal and
legislative climate, is for the fair use provisions of print to cover
electronic also. Experience has shown that publishers can do economically
very well under such provisions, and it does meet normal patron needs.

David Goodman, Princeton University Biology Library
dgoodman@princeton.edu            609-258-3235

On Mon, 3 Dec 2001, Rick Anderson wrote:

> > However, buying a subsciption to a journal is like buying "futures". In
> > order for the distribution as exampled below to have an effect, it must be
> > pervasive, predictable, efficient, and no cost. I don't think that
> > environment currently exists, and would take a lot for that to happen,
> > probably won't.
> Maybe not.  But I don't think it's unreasonable for a publisher, faced
> with the possibility of multiple scenarios like the one I described, to
> say, "Look: go ahead and use this database to fulfill ILL requests.  Just
> do it with printouts instead of electronic copies, so that we don't start
> seeing uncontrolled duplication and redistribution of our proprietary
> content."
> -------------
> Rick Anderson
> Director of Resource Acquisition
> The University Libraries
> University of Nevada, Reno