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about contracts and ILL - another view
In Message-Id: <199701222221.RAA24206@minerva.cis.yale.edu> 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 http://www.copyright.com/ ddavis@copyright.com Voice: (508) 750-4283 x-217
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