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about contracts and ILL - another view

In Message-Id: <> Stan Diamond
raised some interesting points about contracts and ILL. I'm not a lawyer
either, but I'd like to demur on at least one of these points, if only to
offer another perspective (just my two-cents' worth, not necessarily that
of my employer). 
Please correct me if I'm not understanding this, but I don't think that a
publisher (or creator, or other rightsholder) is likely to grant "reprint" 
permission (including for ILL) from an electronic version based on whether
the original subscriber had kept the print version, maintained her print
subscription, etc. My guess is that e-mailing a copy would tend to be seen
as going beyond the license agreement. After all, consider that the
e-mailed copy could have been sent (whether for $$ or for free) by the
publisher itself. 

If it were *my* stuff (me as rightsholder, author or what-have-you), I
might be concerned that folks spreading digital copies around would be
detrimental to my future sales. If it became common practice to e-mail
digital content around, the terms of the *next* license for my material
might be stricter *and* more expensive. This would benefit neither
rightsholder nor user (lose-lose).

I am certainly enjoying (and learning from) the discussions on this list
so far. I think we all need to keep getting ourselves better educated in
these arenas. Thanks, Ann and co.

Dave Davis
CCC Program Developer       Voice: (508) 750-4283 x-217
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