Re: Question regarding ILL

[Aline Soules <asoules@csuhayward.edu>]

Publishers could stipulate no ILL in a contract, if they chose.  If a
library were to agree to that clause, then the contract would prevail.  
Contract law takes precedence over copyright law and if both parties have
agreed, then that's it.

That's why it's so important to read all those clauses and question all
the minutiae.  You don't want to agree to something and then find out you
shouldn't have done so.

Aline Soules, Associate University Librarian
California State University, East Bay
tel. 510-885-4596
e-mail:  asoules@csuhayward.edu (we changed our university name 
yesterday, but the e-mails haven't changed yet)

Rich Dodenhoff wrote:

> 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)