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Re: Interlibrary loan language in site license - NEED OPINION

This language has always been a "deal-breaker" for us. If the publisher/vendor won't strike it from the license, or substitute our preferred wording, we will not sign the license. We have found that most publishers are willing to change the clause, but for those few that won't, we just don't subscribe to their publications (and explain to staff and faculty why we do not).

Katherine Chew
Association Director for Research, Collections and Access Services
Health Sciences Libraries
University of Minnesota

run, do not walk, to your university counsel.  One thinks that
this falls under the laws relating to circulation records. See
the language stating, "at a minimum"? What makes you think they
won't be back soon claiming that their interpretation of the
"minimum" includes the name and address of the borrower? And who
decides what is "accurate"?  The only way for them to know that
is accurate is to have access to your ILL records to see if the
patron requests tally up with what was actually loaned. And it
asks to provide the data "upon request" -- which means anyone who
agrees to this is agreeing to provide the data daily -- if that's
what they want.  It's a very open ended request as opposed to
providing data monthly or quarterly.

----- Forwarded message from Elizabeth.E.Kirk@Dartmouth.EDU -----
From: Elizabeth Kirk <Elizabeth.E.Kirk@Dartmouth.EDU>
Subject: Re: Interlibrary loan language in  site license - NEED OPINION


I would strike this and remind the vendor/publisher that CONTU
compliance already affords them a means of recovering
royalties--they don't need you to be a free security guard.


Elizabeth E. Kirk
Associate Librarian for Information Resources
Dartmouth College Library
Hanover, NH 03755-3525

On Dec 5, 2008, at 4:59 PM, Edwards, Marybeth wrote:

Has anyone encountered the following language in a site license,
which was proposed upon my request to be allowed to send a PDF
copy of an article to fulfill a ILL request?

- Licensee shall maintain an accurate written record with respect
   to the transactions set forth in (iv).  Such record shall, at a
   minimum, contain the name of the library to whom Licensee
   supplied or loaned a copy of an article, the date the article
   was provided, and the volume and page number of each article
   supplied or loaned.  Licensee shall provide a copy of such
   written record upon (licensor's) request.

Marybeth Edwards, MSLS
Manager, Health Science Library
Roger Williams Medical Center
Providence, RI 02908