RE: Licenses that forbid ILL (was Re: Roundtable Press Release)

[Todd Puccio <puccio@nova.edu>]

Most of my newer licenses specify that methods of "Secure 
Transmission" (such as Ariel...) for the practice of Interlibrary 
Loan according to CONTU guidelines etc. are acceptable.

If not, I ask them to add that language into the document. It 
never hurts to simply ask.

This exists in at least 80% of my vendor contracts.  As they 
expire and new ones are drawn up I ask them to add it.

Basically we are no longer accepting generic licenses so easily.

It is a bit of a pain to get this through the University Lawyer 
but we're working on improving that, too.

Todd Puccio

-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Jim Stemper
Sent: Tuesday, January 26, 2010 7:01 PM
To: liblicense-l@lists.yale.edu
Subject: Licenses that forbid ILL (was Re: Roundtable Press Release)

On Fri, 22 Jan 2010, T Scott Plutchak wrote:

"In my experience there are very few licenses that flat out 
prevent interlibrary loan. In most cases, publishers require that 
the lending library print out a copy of the article and use that 
to initiate the loan, rather than sending the pdf directly. 
Personally, I think this is an unnecessary inconvenience, but 
we're still able to make the loan."

***

In U-Minnesota's experience, ILL restrictions still have to be 
addressed in most of the generic licenses we receive. Many seem 
to use the John Cox academic library license template, and either 
change the "ILL allowed" clause to say "not allowed" or delete it 
altogether. While many of the big publishers like Elsevier / 
Springer / Wiley do allow ILL in their generic licenses, many of 
the society publishers do not. Below are the publishers that 
would not agree when we asked them for the usual "make a printout 
and fax it" ILL right (and these don't even count the publishers 
who would not have granted it, had we not asked in negotiation). 
How can any of us reasonably cancel print titles from these 
publishers, if we hope to have electronic ILL access to them in 
the future?

      * Academy of Political Science
      * Adenine Press
      * American Association of Immunologists
      * American Association of Physics Teachers
      * American Society for Bone & Mineral Research
      * American Society of Civil Engineers
      * American Society of Mechanical Engineers
      * American Vacuum Society
      * Annee Philologique
      * Atypon
      * Canadian Institute of Forestry
      * Civic Research Institute
      * DigiZeitschriften
      * Ecological Society of America
      * Elsevier (FDC Reports)
      * Institute of Mathematics of the Polish Academy of Sciences
      * Materials Research Society
      * National Association of Social Workers
      * National Research Council of Canada
      * Ovid
      * White Horse Press

Further, Lynn Wiley's 2003 survey of ILL offices in the CIC and 
their e-resource licenses found that most CIC member libraries 
encountered cases when ILL was prohibited entirely [and] when the 
delivery mechanism was restricted, such as in electronic delivery 
("License to Deny? Publisher restrictions on document delivery 
from e-licensed journals," /Interlending & Document Supply/ 32 
no. 2 (2004): 95-6). Evidently not much has changed in seven 
years.

Jim Stemper