Actually, licenses with the vendor for the electronic journal generally determine if you can use it
for ILL. This is in addition to Copyright restrictions that apply for articles in any format.
Copyright may allow it, through Fair Use or paying CCC fees, but if the license does not, then you
are in violation of the contract if you use it for ILL. Electronic format adds a fun layer of
contract law to the Copyright discussion.
ALIAS (Article Licensing Information Availability Service) is a generic license database that is
loaded with publicly available licenses from most of the publishers and providers. If you are
interested in seeing ALIAS, please go to the IDS Project page and download one of the presentations:
http://www.idsproject.org/Tools/ALIAS.aspx
ALIAS is also available for any ILLiad library through the use of the Serials Solutions or SFX
Addons: https://prometheus.atlas-sys.com/display/ILLiadAddons/Addons+Directory .
Additionally, these addons can be configured to use the Copyright Clearance Center's Get It Now
Service:
The Toolkit entry on it:
http://workflowtoolkit.wordpress.com/2011/03/24/ccc-getitnow-service-and-workfst low/
<http://workflowtoolkit.wordpress.com/2011/03/24/ccc-getitnow-service-and-workfst%20low/>
The CCC Get-It-Now website is:
http://www.copyright.com/content/cc3/en/toolbar/productsAndSolutions/getitnow.html
The Get It Now Service is a Purchase on Demand service from CCC and gives libraries another
option instead of paying Copyright fees which may be higher than purchasing the article.
Hope that helps a little bit,
Mark
____________________________________
Mark Sullivan
Systems Administrator for the College Libraries
1 College Circle
SUNY Geneseo
Geneseo, NY 14454
(585) 245-5698
On 5/7/2011 3:52 PM, Simon Spero wrote:
On Sat, May 7, 2011 at 7:06 AM, karim boughida<[email protected]> wrote:
Don't be dismissive so fast. You may go back and do your homework. Check
with your Counsel or literature. What's happening here is a work
around LEGAL realities.
[I am not a lawyer.]
It's always a good idea to check with counsel, but it's a good idea to make
sure that you talk to the right person in counsel's office since this is a
relatively niche area of copyright law, and restrictions on single article
ILL are more likely to arise in contract rather than under copyright, in
which case they may have to check the specific provisions for each
publisher.
The right to make a copy of a single article from a periodical or collection
for ILL are granted under 17 USC ยง 108 (d) and (g). The only specific
restriction on the use of digital formats comes in section (b) (which covers
unpublished works). It's hard to see how printing then scanning helps make
legal anything that would be otherwise illegal under 108, so it would seem
to be a licensing issue.
Exit question: printing an article creates one perfected copy; scanning
the printout creates a second copy, both as part of the same transaction.
108 (d)/(g) only authorize a single copy in this situation. Is this relying
on fair use to cover the printed copy (which I assume is immediately
destroyed unread once the scanning is complete?)
Simon
