RE: Question regarding ILL

["Rich Dodenhoff" <rdodenhoff@aspet.org>]

Maybe I'm just na�ve, but if ILL is allowed under U.S. Copyright Law, how
can publishers refuse to allow libraries in the U.S. to provide ILL?  
It's guaranteed under the law.  Doesn't that make the barring of ILL
illegal?

Richard Dodenhoff
Journals Director
American Society for Pharmacology and
  Experimental Therapeutics
9650 Rockville Pike
Bethesda, MD 20814-3995
301.634.7997 (p) / 301.634.7061 (f)

-----Original Message-----

[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Stuivenga, Will
Sent: Wednesday, January 26, 2005 5:58 PM
To: 'liblicense-l@lists.yale.edu'
Subject: RE: Question regarding ILL

Because a savvy library or consortium asks (no INSISTS) on it as part of
their licensing negotiation, and because the publisher wants to make the
sale. And because the library agrees to terms such as these (taken from
the CLIR/DLF Model License posted on the LibLicense web site:
http://www.library.yale.edu/~llicense/standlicagree.html)

Interlibrary Loan. Licensee may fulfill requests from other institutions,
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 clause 3 of the Guidelines for the Proviso
of Subsection 108(g)(2) prepared by the National Commission on New
Technological Uses of Copyrighted Works.

Will Stuivenga <wstuivenga@secstate.wa.gov> 
Project Manager, Statewide Database Licensing (SDL) 
Washington State Library Division, Office of the Secretary of State
360.704.5217 fax: 360.586.7575
http://www.statelib.wa.gov/library/libraries/projects/sdl/

-----Original Message-----
From: Joseph Esposito [mailto:espositoj@gmail.com]
Sent: Tuesday, January 25, 2005 4:05 PM
To: liblicense-l@lists.yale.edu
Subject: Question regarding ILL
Brian Simboli noted the following:

"First, independently of the whole issue of OA, we must continue to
maintain robust ILL rights and provisions."

JE:  Assuming we are talking about purely electronic publications here,
can anyone tell me why it would ever be in the interest of a proprietary
publisher, whether commercial or not-for-profit, to authorize interlibrary
loans?  I am not saying that such loans are a good or a bad thing; I am
just trying to see how it intersects with a publisher's interests.

Joe Esposito