Re: EBLIDA/ECUP/STM Joint Statement

[Barbara Schleihagen <Eblida@nblc.nl>]

For Immediate Release
November 1998

EBLIDA/ECUP/STM JOINT STATEMENT ON INCIDENTAL DIGITISATION AND STORAGE OF
STM PRINT JOURNAL ARTICLES

Representatives of the European Bureau of Library, Information and
Documentation Associations (EBLIDA), the European Copyright User Platform
(ECUP), and the International Association of Scientific, Technical, and
Medical Publishers (STM), have held a series of meetings beginning in
December 1997, aimed at discussing possible areas of consensus with
respect to electronic usage by libraries of print journals.  This joint
statement results from those discussions.

The principles are not intended to replace specifically negotiated
licenses between individual publishers and individual libraries and other
organizations.  These principles have been developed in the context of
scientific, technical and medical journal publishing, and different
principles may apply to different types of published material and
journals. However, the participants involved in the discussions hope that
these principles on "Digital Archiving" for STM journals will be accepted
as being useful, by as many organizations and interested parties as
possible.

It should be borne in mind that this joint statement has an interim quality
because of the nature of the transition from print media to electronic
media and that other business models including the traditional subscription
model are still useful in the electronic environment.

STM

The International Association of STM publishers currently has 106 paying
members representing approximately 240 publishing imprints in 26
countries. These make up for an estimated 80% of the annual output of
scientific research information. STM includes large and small publishing
houses, secondary publishers and learned societies. Although it is a
global association the emphasis of our activities is placed in Europe and
the US. The mission of STM is to create a platform for exchanging ideas
and information and to represent the interest of the STM publishing
community in the fields of copyright, technology developments, and end
user / library relations.

EBLIDA

EBLIDA functions as the umbrella association for library, information,
archive and documentation associations and different kinds of libraries
throughout Europe. The organisation was founded in 1992 and has
established itself as a vital link between the European institutions and
information professionals. With members in all European countries, EBLIDA
represents over 95.000 libraries throughout Europe. Subjects on which
EBLIDA concentrates are copyright, culture, telematics, Central and
Eastern Europe, information society related matters and information
technology.

The major objectives of EBLIDA are to serve and promote the interests of
the library and information profession at European level, to give members
up-to-date information on all relevant developments in the European Union
and to strengthen cooperation between the members.

ECUP

ECUP+ is a Concerted Action, which is co-ordinated by EBLIDA and funded by
the Telematics for Libraries Programme of the European Commission (DG
XIII/E-4). The objectives are to discuss the library privileges in
electronic services and model clauses for licenses for the use of
electronic information with a larger group of rightholders and collecting
societies;  to continue making librarians aware of the implications of
copyright on electronic services and to introduce the results of the
discussions with the rightholders and the collecting societies;  to
establish a focal point for questions on copyright and information on EU
legislative developments in this area; and to reinforce the position of
libraries in discussions copyright issues with the appropriate bodies.

For further information please contact:

Barbara Schleihagen			Lex Lefebvre
EBLIDA					STM
POB 43300				Muurhuizen 165
2504 AH The Hague			3811 EG Amersfoort
tel  +31 70 30 90 608			tel. +31 33 465 6060
fax +31 70 30 90 708			fax +31 33 465 6538
email:eblida@nblc.nl			email: lefebvre@stm.nl


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7 November 1998

EBLIDA/ECUP/STM JOINT STATEMENT ON INCIDENTAL DIGITISATION AND STORAGE  OF
STM PRINT JOURNAL ARTICLES

Representatives of the European Bureau of Library, Information and
Documentation Associations (EBLIDA), the European Copyright User Platform
(ECUP), and the International Association of Scientific, Technical, and
Medical Publishers (STM), have held a series of meetings beginning in
December 1997, aimed at discussing possible areas of consensus with
respect to electronic usage by libraries of print journals.  This joint
statement results from those discussions.

The principles set out below are not intended to replace specifically
negotiated licenses between individual publishers and individual libraries
and other organizations.  These principles have been developed in the
context of scientific, technical and medical journal publishing, and
different principles may apply to different types of published material
and journals. However, the participants involved in the discussions hope
that these principles on "Digital Archiving" for STM journals will be
accepted as being useful, by as many organizations and interested parties
as possible.

Publishers that accept the principles stated herein will send a letter to
STM accepting the statement and indicating any exceptions to their
"Digitisable Material" (as defined below). This information will appear on
the STM Web site.  Only the works of those publishers who have sent such
authorization may be digitized under the terms of this statement.

It should be borne in mind that this joint statement has an interim
quality because of the nature of the transition from print media to
electronic media and that other business models including the traditional
subscription model are still useful in the electronic environment.

The Statement is as follows:

A. Preamble

1. The participants recognize that common tasks include increasing the
availability of articles from STM print journals and raising the awareness
of their availability, as well as facilitating the digitisation of
individual articles from print journals within a library's owned
collection of items not currently available in electronic formats.

2. The participants recognize that only by cooperation between libraries
and publishers will the digitisation of non-current print journals be
affordable and  available for education and research in years to come.

3. The participants mutually affirm their respect for copyright.

B. Introduction

1. Scientific information continues to have reference value over time. The
digitisation of such information serves important societal, cultural,
scientific and technological development goals, including the preservation
of scientific effort.

2. The use of digitisation procedures (i.e. scanning and storing) by
libraries is a particularly effective means of archiving print scientific
information.  Archiving also involves the maintenance of the integrity of
the original work, including the indication of its source(s), and any
associated copyright management information.

C.Incidental digitisation

1. The participants agree that a particular library may scan, store and
index (including indexing by using optical character recognition
technology) "Non- Current Material" (as defined below) and, in some cases,
"Current Material" (as defined below) previously purchased by that
library, provided that: a) the relevant publisher has signed this
statement; b) the library operates under the terms and conditions outlined
in this statement; c) the material to be included has been done so on an
"Incidental Basis" (as defined below); d) any exceptions noted by the
relevant publisher for particular journals or individual articles are
honored by the library; and e) the terms and conditions of usage as stated
below in C.2 are adhered to.

2. The resulting digital material may be stored on a "Permanent Basis" as
defined below), and may be displayed by the library only as page images.
AAuthorized Users" (as defined below) are able to download or reproduce
individual articles from the resulting archive of material scanned on an
Incidental Basis for personal, educational or research use.  Users other
than Authorized Users may also view such material on the library's
premises if normally permitted access by the library but may only
reproduce such material in print format for personal, educational or
research use.

3. Participating publishers will indicate through their exceptions list
which journals might require further permissions from other parties (for
example, a scientific society which might have an ownership interest in a
journal, or a journal in which the publisher's rights with respect to
backlist issues may be uncertain), and will also indicate whether the
publisher will request such permissions upon request by the library or
whether the publisher would prefer instead for the library to seek the
permission directly.

4. Libraries must inform users of the terms and conditions of this
statement.

D. Other types of uses and licenses

Projects involving digitisation other than on an Incidental Basis as
described in Section C above as well as other types of use of any resulting
digital archives (such as for article delivery or interlibrary loan
purposes), will require negotiation between the library and the publisher
or may be addressed in future discussions as noted below in Section F. Any
interest by libraries in digitising works other than Digitisable Material
would also be subject to specific negotiation.

E. Participation and Withdrawal

Participating publishers and exceptions to their Digitisable Material will
be posted on the STM Web site (<http://www.stm-assoc.org>) and the EBLIDA
Web site <http://www.kaapeli.fi/~eblida>. The participants acknowledge
that participating publishers may at some point cease participating, in
whole or in part, in this program, in which event they shall notify STM
which will in turn place this information on the STM Web site and inform
EBLIDA which will in turn place this information on its Web site. The
libraries operating under the terms of this statement will review the STM
or EBLIDA Web sites at least once every quarter for such information, and
will cease or limit (as relevant)  further digitisation of material from a
publisher giving such notice.

F. Future cooperation

The participants will also work closely together to discuss and, where
appropriate, implement new  exploitation and cooperation methods, including:

o digitisation of entire volumes or sets of particular journals (Project
  Digitisation);

o the introduction of standards such as the Digital Object Identifier (the
  "DOI";

o document delivery/interlibrary resource sharing; and

o archiving and preservation of digital content.

G.   Definitions

1. "Digitisable Material" includes Non-Current Material (as defined below)
published by those publishers posted on the STM Web site as accepting this
statement, and, in some cases, Current Material (as defined below)
published by those  publishers who have authorized incidental digitisation
from Current Material.  Digitisable Material does not include either
Current or Non-Current Material that have been listed as exceptions on the
STM or EBLIDA Web sites.

2. "Non-current Material" will be understood to mean articles from  print
journals published prior to 1995 that are not listed as exceptions on the
STM Web site.

3. "Current Material"  will be articles from print journals published in
1995 and thereafter for which electronic versions are not available for
sale or under license, either directly or indirectly (from subcontractors,
licensees, or local reprographic rights organizations).

4. "Participants" will be understood to mean individual publishers
accepting the terms of this statement (or with any exceptions as may be
noted by such publishers) and individual libraries that intend to rely on
the benefits provided by this statement.  Participants may also be
understood to mean if the context so indicates the organizations involved
in drafting this statement.

5. "Incidental Basis" will be understood to mean the digitisation of
Digitisable Material consisting of individual articles from journals (but
not substantially the whole of a journal issue) (i) on a non-routine basis
and (ii) in response to requests for particular articles (but excluding
course packs).

6. "Authorized Users" means:

i.  For academic institutions: Faculty members (including temporary or
exchange faculty for the duration of their assignment); graduate and
undergraduate students; staff members; and contractors

ii. For other organizations, companies and governmental institutions: All
staff routinely employed by the institution and contractors

7. "Permanent Basis"  means that even if a participating publisher
terminates a license or withdraws from participating in the uses
contemplated in this Statement the library may continue to store and
provide access to any material previously digitized in accordance with
this Statement to the point of such withdrawal.  It also means the
digitisation in a new technological format of material or information
already in digital format (for example to ensure an archival record is
kept even in the face of technological change).

**********************************************************************
EBLIDA
Barbara Schleihagen, Director
Heidi Hogan, EU Policy Officer
P.O. Box 43300
NL-2504 AH The Hague
Tel: +31-70-309 06 08
Fax: +31-70-309 07 08
email: eblida@nblc.nl
http://www.kaapeli.fi/~eblida/