Re: [CODE4LIB] How do you request digital format for a pdf interlibrary loan journal article where a digital format is available for the article?...

2011-05-09 Thread Mark Sullivan
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 boughidakbough...@gmail.com  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 § 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




Re: [CODE4LIB] How do you request digital format for a pdf interlibrary loan journal article where a digital format is available for the article?...

2011-05-07 Thread karim boughida
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.

Karim Boughjida
Twitter: @kboughida
kbough...@gmail.com
kbough...@library.gwu.edu


On Wed, May 4, 2011 at 7:22 PM, Andrew Shuping ashup...@gmail.com wrote:
 Copyright rules would apply regardless of format and general counsel
 interpretations wouldn't really apply to this scenario.

 Andrew Shuping

 Robert Frost - In three words I can sum up everything I've learned
 about life: it goes on.



 On Wed, May 4, 2011 at 7:17 PM, karim boughida kbough...@gmail.com wrote:
 It seems that it is also related to copyright restrictions and general
 counsel interpretations. If you print and re-scan. You're safer.
 photocopy rules apply and not electronic copy.
 Don't ask me more. I'm not a lawyer.

 Karim Boughida
 Twitter:kboughida
 kbough...@gmail.com
 kbough...@library.gwu.edu

 On Wed, May 4, 2011 at 6:59 PM, Andrew Shuping ashup...@gmail.com wrote:
 Ranti is correct in what she says about publishers.  As an ILL person
 it drives me nuts that there are so many loopholes just to be able to
 send stuff from our databases via ILL.  Some of them say you can but
 you have to download it, print it, and then scan it again.  It isn't
 the ILL practices that need improvement, its bringing publishers into
 the 21st century.

 And as far as making it searchable its just not an option for a lot of
 library ILL departments when they have to rescan the document.  There
 are only two sending programs for ILL software (Ariel and Odyssey)
 outside of email and Ariel is a huge pain in the butt as to what type
 of scanners work with it.  And while Odyssey can support more scanners
 a number of ILL departments just don't have the money to buy a
 scanner/software to make it OCR compatible documents.

 Andrew Shuping
 Emerging Technologies  Services/Interlibrary Loan
 Jack Tarver Library, Macon, GA
 Robert Frost - In three words I can sum up everything I've learned
 about life: it goes on.



 On Wed, May 4, 2011 at 6:33 PM, Ranti Junus ranti.ju...@gmail.com wrote:
 It depends on the license agreement between the publisher and the
 lending library. Many publishers do not allow library ILL to simply
 download the PDF directly from their journal article page and send it
 to the requestor.  A lot of publishers allow the lending library to
 download and print the article, and then send it to the borrowing
 library as paper copy. There are also  publishers who allow to send
 article as print-scan-send. That is, we have to print out the PDF,
 scan it (back to the PDF), and send it as a file.

 Do ask me why the publisher want that kind of silliness. That's what
 I'm told when I complaint about exactly the same thing.

 It is my understanding the scan-to-pdf is the problematic one; ILL
 unit will need to have OCR-capable scanner and that might add another
 burden to them if the OCR result is not good. YMMV.


 ranti.

 On Wed, May 4, 2011 at 4:18 PM, don warner saklad don.sak...@gmail.com 
 wrote:
 How do you request digital format for a pdf interlibrary loan journal
 article where a digital format is available for the article?... not the
 image format if available in digital. Guidelines for interlibrary loan
 practices need to distinguish digital pdf from image pdf where journal
 articles are available in digital format.




 --
 Bulk mail.  Postage paid.





 --




Re: [CODE4LIB] How do you request digital format for a pdf interlibrary loan journal article where a digital format is available for the article?...

2011-05-07 Thread Simon Spero
On Sat, May 7, 2011 at 7:06 AM, karim boughida kbough...@gmail.com 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 § 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


[CODE4LIB] How do you request digital format for a pdf interlibrary loan journal article where a digital format is available for the article?...

2011-05-04 Thread don warner saklad
How do you request digital format for a pdf interlibrary loan journal
article where a digital format is available for the article?... not the
image format if available in digital. Guidelines for interlibrary loan
practices need to distinguish digital pdf from image pdf where journal
articles are available in digital format.


Re: [CODE4LIB] How do you request digital format for a pdf interlibrary loan journal article where a digital format is available for the article?...

2011-05-04 Thread Andrew Shuping
What do you mean by digital format exactly?

Andrew Shuping
Emerging Technologies/Interlibrary Loan Library
Jack Tarver Library, Mercer University
Robert Frost - In three words I can sum up everything I've learned
about life: it goes on.



On Wed, May 4, 2011 at 4:18 PM, don warner saklad don.sak...@gmail.com wrote:
 How do you request digital format for a pdf interlibrary loan journal
 article where a digital format is available for the article?... not the
 image format if available in digital. Guidelines for interlibrary loan
 practices need to distinguish digital pdf from image pdf where journal
 articles are available in digital format.



Re: [CODE4LIB] How do you request digital format for a pdf interlibrary loan journal article where a digital format is available for the article?...

2011-05-04 Thread Jody DeRidder
Sounds like he wants to request a searchable PDF as opposed to one
composed of only images.

--jody

 What do you mean by digital format exactly?

 Andrew Shuping
 Emerging Technologies/Interlibrary Loan Library
 Jack Tarver Library, Mercer University
 Robert Frost - In three words I can sum up everything I've learned
 about life: it goes on.



 On Wed, May 4, 2011 at 4:18 PM, don warner saklad don.sak...@gmail.com
 wrote:
 How do you request digital format for a pdf interlibrary loan journal
 article where a digital format is available for the article?... not the
 image format if available in digital. Guidelines for interlibrary loan
 practices need to distinguish digital pdf from image pdf where journal
 articles are available in digital format.




Re: [CODE4LIB] How do you request digital format for a pdf interlibrary loan journal article where a digital format is available for the article?...

2011-05-04 Thread Ranti Junus
It depends on the license agreement between the publisher and the
lending library. Many publishers do not allow library ILL to simply
download the PDF directly from their journal article page and send it
to the requestor.  A lot of publishers allow the lending library to
download and print the article, and then send it to the borrowing
library as paper copy. There are also  publishers who allow to send
article as print-scan-send. That is, we have to print out the PDF,
scan it (back to the PDF), and send it as a file.

Do ask me why the publisher want that kind of silliness. That's what
I'm told when I complaint about exactly the same thing.

It is my understanding the scan-to-pdf is the problematic one; ILL
unit will need to have OCR-capable scanner and that might add another
burden to them if the OCR result is not good. YMMV.


ranti.

On Wed, May 4, 2011 at 4:18 PM, don warner saklad don.sak...@gmail.com wrote:
 How do you request digital format for a pdf interlibrary loan journal
 article where a digital format is available for the article?... not the
 image format if available in digital. Guidelines for interlibrary loan
 practices need to distinguish digital pdf from image pdf where journal
 articles are available in digital format.




-- 
Bulk mail.  Postage paid.


Re: [CODE4LIB] How do you request digital format for a pdf interlibrary loan journal article where a digital format is available for the article?...

2011-05-04 Thread Andrew Shuping
Ranti is correct in what she says about publishers.  As an ILL person
it drives me nuts that there are so many loopholes just to be able to
send stuff from our databases via ILL.  Some of them say you can but
you have to download it, print it, and then scan it again.  It isn't
the ILL practices that need improvement, its bringing publishers into
the 21st century.

And as far as making it searchable its just not an option for a lot of
library ILL departments when they have to rescan the document.  There
are only two sending programs for ILL software (Ariel and Odyssey)
outside of email and Ariel is a huge pain in the butt as to what type
of scanners work with it.  And while Odyssey can support more scanners
a number of ILL departments just don't have the money to buy a
scanner/software to make it OCR compatible documents.

Andrew Shuping
Emerging Technologies  Services/Interlibrary Loan
Jack Tarver Library, Macon, GA
Robert Frost - In three words I can sum up everything I've learned
about life: it goes on.



On Wed, May 4, 2011 at 6:33 PM, Ranti Junus ranti.ju...@gmail.com wrote:
 It depends on the license agreement between the publisher and the
 lending library. Many publishers do not allow library ILL to simply
 download the PDF directly from their journal article page and send it
 to the requestor.  A lot of publishers allow the lending library to
 download and print the article, and then send it to the borrowing
 library as paper copy. There are also  publishers who allow to send
 article as print-scan-send. That is, we have to print out the PDF,
 scan it (back to the PDF), and send it as a file.

 Do ask me why the publisher want that kind of silliness. That's what
 I'm told when I complaint about exactly the same thing.

 It is my understanding the scan-to-pdf is the problematic one; ILL
 unit will need to have OCR-capable scanner and that might add another
 burden to them if the OCR result is not good. YMMV.


 ranti.

 On Wed, May 4, 2011 at 4:18 PM, don warner saklad don.sak...@gmail.com 
 wrote:
 How do you request digital format for a pdf interlibrary loan journal
 article where a digital format is available for the article?... not the
 image format if available in digital. Guidelines for interlibrary loan
 practices need to distinguish digital pdf from image pdf where journal
 articles are available in digital format.




 --
 Bulk mail.  Postage paid.



Re: [CODE4LIB] How do you request digital format for a pdf interlibrary loan journal article where a digital format is available for the article?...

2011-05-04 Thread karim boughida
It seems that it is also related to copyright restrictions and general
counsel interpretations. If you print and re-scan. You're safer.
photocopy rules apply and not electronic copy.
Don't ask me more. I'm not a lawyer.

Karim Boughida
Twitter:kboughida
kbough...@gmail.com
kbough...@library.gwu.edu

On Wed, May 4, 2011 at 6:59 PM, Andrew Shuping ashup...@gmail.com wrote:
 Ranti is correct in what she says about publishers.  As an ILL person
 it drives me nuts that there are so many loopholes just to be able to
 send stuff from our databases via ILL.  Some of them say you can but
 you have to download it, print it, and then scan it again.  It isn't
 the ILL practices that need improvement, its bringing publishers into
 the 21st century.

 And as far as making it searchable its just not an option for a lot of
 library ILL departments when they have to rescan the document.  There
 are only two sending programs for ILL software (Ariel and Odyssey)
 outside of email and Ariel is a huge pain in the butt as to what type
 of scanners work with it.  And while Odyssey can support more scanners
 a number of ILL departments just don't have the money to buy a
 scanner/software to make it OCR compatible documents.

 Andrew Shuping
 Emerging Technologies  Services/Interlibrary Loan
 Jack Tarver Library, Macon, GA
 Robert Frost - In three words I can sum up everything I've learned
 about life: it goes on.



 On Wed, May 4, 2011 at 6:33 PM, Ranti Junus ranti.ju...@gmail.com wrote:
 It depends on the license agreement between the publisher and the
 lending library. Many publishers do not allow library ILL to simply
 download the PDF directly from their journal article page and send it
 to the requestor.  A lot of publishers allow the lending library to
 download and print the article, and then send it to the borrowing
 library as paper copy. There are also  publishers who allow to send
 article as print-scan-send. That is, we have to print out the PDF,
 scan it (back to the PDF), and send it as a file.

 Do ask me why the publisher want that kind of silliness. That's what
 I'm told when I complaint about exactly the same thing.

 It is my understanding the scan-to-pdf is the problematic one; ILL
 unit will need to have OCR-capable scanner and that might add another
 burden to them if the OCR result is not good. YMMV.


 ranti.

 On Wed, May 4, 2011 at 4:18 PM, don warner saklad don.sak...@gmail.com 
 wrote:
 How do you request digital format for a pdf interlibrary loan journal
 article where a digital format is available for the article?... not the
 image format if available in digital. Guidelines for interlibrary loan
 practices need to distinguish digital pdf from image pdf where journal
 articles are available in digital format.




 --
 Bulk mail.  Postage paid.





--


Re: [CODE4LIB] How do you request digital format for a pdf interlibrary loan journal article where a digital format is available for the article?...

2011-05-04 Thread Andrew Shuping
Copyright rules would apply regardless of format and general counsel
interpretations wouldn't really apply to this scenario.

Andrew Shuping

Robert Frost - In three words I can sum up everything I've learned
about life: it goes on.



On Wed, May 4, 2011 at 7:17 PM, karim boughida kbough...@gmail.com wrote:
 It seems that it is also related to copyright restrictions and general
 counsel interpretations. If you print and re-scan. You're safer.
 photocopy rules apply and not electronic copy.
 Don't ask me more. I'm not a lawyer.

 Karim Boughida
 Twitter:kboughida
 kbough...@gmail.com
 kbough...@library.gwu.edu

 On Wed, May 4, 2011 at 6:59 PM, Andrew Shuping ashup...@gmail.com wrote:
 Ranti is correct in what she says about publishers.  As an ILL person
 it drives me nuts that there are so many loopholes just to be able to
 send stuff from our databases via ILL.  Some of them say you can but
 you have to download it, print it, and then scan it again.  It isn't
 the ILL practices that need improvement, its bringing publishers into
 the 21st century.

 And as far as making it searchable its just not an option for a lot of
 library ILL departments when they have to rescan the document.  There
 are only two sending programs for ILL software (Ariel and Odyssey)
 outside of email and Ariel is a huge pain in the butt as to what type
 of scanners work with it.  And while Odyssey can support more scanners
 a number of ILL departments just don't have the money to buy a
 scanner/software to make it OCR compatible documents.

 Andrew Shuping
 Emerging Technologies  Services/Interlibrary Loan
 Jack Tarver Library, Macon, GA
 Robert Frost - In three words I can sum up everything I've learned
 about life: it goes on.



 On Wed, May 4, 2011 at 6:33 PM, Ranti Junus ranti.ju...@gmail.com wrote:
 It depends on the license agreement between the publisher and the
 lending library. Many publishers do not allow library ILL to simply
 download the PDF directly from their journal article page and send it
 to the requestor.  A lot of publishers allow the lending library to
 download and print the article, and then send it to the borrowing
 library as paper copy. There are also  publishers who allow to send
 article as print-scan-send. That is, we have to print out the PDF,
 scan it (back to the PDF), and send it as a file.

 Do ask me why the publisher want that kind of silliness. That's what
 I'm told when I complaint about exactly the same thing.

 It is my understanding the scan-to-pdf is the problematic one; ILL
 unit will need to have OCR-capable scanner and that might add another
 burden to them if the OCR result is not good. YMMV.


 ranti.

 On Wed, May 4, 2011 at 4:18 PM, don warner saklad don.sak...@gmail.com 
 wrote:
 How do you request digital format for a pdf interlibrary loan journal
 article where a digital format is available for the article?... not the
 image format if available in digital. Guidelines for interlibrary loan
 practices need to distinguish digital pdf from image pdf where journal
 articles are available in digital format.




 --
 Bulk mail.  Postage paid.





 --