One could make an argument that if a vender had an explicit " I have read and agree to these terms" type of click through similar to say buying an airline ticket it would be legally binding but just putting on the site not so much. The directors I work with all now have pretty detailed licenses that must be "signed" ( agreed to online) before the will sell. As previously mentioned I convinced them not to restrict ILL but I think any company selling in the institutional market that does not have a specific license agreement which covers things like streaming, broadcast, public exhibition is foolish.
On Fri, May 9, 2014 at 1:58 PM, Nell J Chenault <[email protected]> wrote: > We review ILL requests for film for several reasons: do we have upcoming > showings and also for licensing and rights issues. If we have a license > which precludes ILL, we make a not in the bib record. There are also many > vendors who only have the terms on their website ... and we try to honor > those as well. Whether they are legally binding may depend on how they > manage sales ... and whether you live in a UCITA state (VA and MD passed > UCITA) so that click through licenses apply. > > I think that the RUSA ILL section had a list of distributors who do not > allow ILL a while back ... > > Nell Chenault > VCU Libraries > > > On Fri, May 9, 2014 at 1:44 PM, Jessica Rosner <[email protected]>wrote: > >> As Sam Goldwyn might say not worth the paper it is not written on. You >> could blow them off or could just ask politely why they object to ILL. >> Again I think it is mostly because they think some institution might use it >> avoid buying one themselves and while no one can guarantee that would never >> happen I think if you explain it usually for individual research it would >> help. Without a written agreement you are under no obligation in any case. >> >> >> On Fri, May 9, 2014 at 1:31 PM, Oling, Rebecca < >> [email protected]> wrote: >> >>> Thank you all for your help and input. I do think that it is >>> interesting that this was mentioned verbally, but was not actually under >>> "Terms" on the invoice! >>> >>> Thanks again! >>> >>> Rebecca >>> >>> >>> Message: 2 >>> Date: Thu, 8 May 2014 15:27:58 +0000 >>> From: "Oling, Rebecca" <[email protected]> >>> Subject: [Videolib] Interlibrary Loan Restrictions >>> To: "'[email protected]'" <[email protected]> >>> Message-ID: <[email protected]> >>> Content-Type: text/plain; charset="utf-8" >>> >>> I recently bought some very expensive DVD titles at the institutional >>> rate and was told by the vendor that they cannot be loaned out via ILL. >>> How often are you told this? Is that legal? Does it need to be included >>> in the contract or invoice to be valid or is the verbal word sufficient to >>> limit our use? >>> >>> Rebecca >>> -- >>> Rebecca Oling >>> Coordinator of Instruction and Literature Librarian >>> Purchase College Library >>> 735 Anderson Hill Road >>> Purchase, NY 10577 >>> tel. 914-251-6417 >>> fax 914-251-6437 >>> [email protected] >>> ??Please consider the environment before printing this e-mail >>> >>> >>> >>> VIDEOLIB is intended to encourage the broad and lively discussion of >>> issues relating to the selection, evaluation, acquisition,bibliographic >>> control, preservation, and use of current and evolving video formats in >>> libraries and related institutions. It is hoped that the list will serve as >>> an effective working tool for video librarians, as well as a channel of >>> communication between libraries,educational institutions, and video >>> producers and distributors. >>> >> >> >> VIDEOLIB is intended to encourage the broad and lively discussion of >> issues relating to the selection, evaluation, acquisition,bibliographic >> control, preservation, and use of current and evolving video formats in >> libraries and related institutions. It is hoped that the list will serve as >> an effective working tool for video librarians, as well as a channel of >> communication between libraries,educational institutions, and video >> producers and distributors. >> >> > > VIDEOLIB is intended to encourage the broad and lively discussion of > issues relating to the selection, evaluation, acquisition,bibliographic > control, preservation, and use of current and evolving video formats in > libraries and related institutions. It is hoped that the list will serve as > an effective working tool for video librarians, as well as a channel of > communication between libraries,educational institutions, and video > producers and distributors. > >
VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
