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RE: ILL Language
- To: <liblicense-l@lists.yale.edu>, <liblicense-l@lists.yale.edu>
- Subject: RE: ILL Language
- From: "David Goodman" <David.Goodman@liu.edu>
- Date: Sun, 14 Mar 2004 10:52:04 EST
- Reply-to: liblicense-l@lists.yale.edu
- Sender: owner-liblicense-l@lists.yale.edu
I certainly agree with Lesley that this clause is not appropriate. The copyright laws are, to my nonlawyerly eyes, clear that the responsibility for observing copyright in ILL belongs to the recipient. It is also clear that copies made for commercial entities must have royalty paid--but paid by the receiver of the copy. It seems to me that the statute by itself protects the rights of the publisher as fully for electronic as for paper material. In practice, it is difficult enough for ILL departments to operate using the available software without special exceptions. Most, to my knowledge, responded to the earlier situation where many publishers did not permit ILL from electronic, by refusing requests from electronic material of all publishers rather than keep track of the actual requirements for each one. I would not be suprissed if some still followed this policy. Dr. David Goodman Associate Professor Palmer School of Library and Information Science Long Island University dgoodman@liu.edu -----Original Message----- From: Croft, Janet B. [mailto:jbcroft@ou.edu] Sent: Fri 3/12/2004 9:56 AM To: liblicense-l@lists.yale.edu Subject: RE: ILL Language Yes -- it might be reasonable to agree to a clause saying you will only lend from this database to a library connected to a not-for-profit institution, thus reducing the possibility that the item will be retained by the receiving library for commercial purposes. Janet Brennan Croft Head of Access Services University of Oklahoma ____ From: "Lesley Ellen Harris" <lesley@copyrightlaws.com> To: <liblicense-l@lists.yale.edu> Subject: Re: ILL language - responsibility of library Date: Thu, 11 Mar 2004 19:28:46 EST Another issue to think about re this ILL language is how responsible is the library for ensuring that the use is for noncommercial purposes. Generally, a library does not want to have this burden/responsibility and wording could be chosen to ensure this. Lesley Ellen Harris Copyright Lawyer/Consultant lesley@copyrightlaws.com
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