Electronic Resource Management: Licensing
and Interlibrary loan
Diane CarrollHead, Collections and Acquisitions
Washington State University, PullmanSeptember 21, 2007
Questions1. What is a license?2. How has the transition from print to
electronic journal affected library services?
3. What terms in the license affect interlibrary loan?
4. How does the staff know what the interlibrary loan rights are for each online title?
Copyright law versus contract law A license is a grant of rights by a publisher
who owns or has rightful possession of a property.
A license is not a sale of property. What the parties agree will over-ride
underlying law – mutual agreement. If Fair Use principles are not incorporated
into license or are denied, copyright laws will not apply.
From ARL workshop on Licensing Electronic Information Resources August 2000
Print to electronic transition
Print Who can use the
library is a local decision (open to the public or not).
No need to establish venue and governing law for breach of contract.
When title is canceled, it stays on the shelve.
Electronic Authorized users are
defined in a license – by category and number.
Need to establish venue and governing law in case of breach of contract.
When a title is canceled, do you lose electronic access?
Print to electronic transition
Print Fair Use and
Copyright laws apply.
All pay same institutional rate for subscription.
Electronic Must mutually agree
on rights and restrictions.
Fee could be based on use, FTE, number of campuses, or Carnegie Institutional Tiers.
How has licensing journals affected library services and
staff?
Acquisitions and post-cancellation rights (Perpetual access or archival rights)
Coursepacks and e-reserves Interlibrary loan
Acquisition of a print journal
Notification of new journal
Journal consideration
Acquisition process
Receipt and physical processing
From DLF Electronic Resource Initiative Appendix B
Retention, Inter-library loan, Preservation
Acquisitions of an electronic journal
Notification of new journal
Journal consideration
Licensingnegotiation
Activation Processes
Maintenance, Interlibrary loan? Perpetual Access?
Technical evaluation
Business negotiation
Post cancellation rights If the subscription is cancelled in 2008, will
users still have access to the information paid for in 2007?
Post cancellation rights = perpetual access rights.
Archival rights = physical digital copy of the subscribed materials (CD, tape, LOCKSS)
For many journals, print is the physical archive.
Collection policy for online only
Ideally, journals to be purchased online only should have:
1. Perpetual access rights if canceled 2. Interlibrary loan rights with delivery via
secure electronic transmission allowed.
Publishers are happy to sell online only journals with neither of these rights. Buyer beware.
Course Packs and E-Reserves
Course Packs: Unusual to gain this
rights Need to contact the
publisher/CCC as you would with print
E-Reserves: Can obtain this rights
most of the time. Need to agree to
remove materials from password protected reserves upon class completion.
Interlibrary LoanIs it allowed? Negotiated right More commonly
allowed but still restrictive in method of delivery.
Union list – if online only, must have ILL rights defined in license.
By what delivery method:
Fax or mail Ariel, Odyssey –
secure transmission E-mail attachment –
almost never No commercial use No loans to foreign
countries
How does the staff know ILL rights for each ejournal
subscription? Article by Lynn Wiley. 2004. “License to
Deny? Publisher restrictions on document delivery from e-licensed journals.” Interlending and Document Supply 32: 94-102.
Survey of 13 large research libraries on how licensing affected both lending and borrowing operations.
License knowledge and availability
Yes No
Does the ILL staff have any access to ILL clauses in license? 9 4
Does the ILL staff check a separate list? 6 7
Can ILL staff search for restrictions while checking titles for article fulfillment? 2 11
Wiley, Interlending and Document Supply 2004
Impact of licensing restriction on lending
Yes No
Will try to fill rather than cancel outright? 9 3
Typical adjustment: fill from print 12 1
Forced to cancel request sometimes? 9 2
Wiley, 2004Wiley, Interlending and Document Supply 2004
Percentage of total lending that could be filled with ejournal articles 8 of the 13 libraries
supplied as little as 0-5% of requests using articles from ejournals
Only 2 libraries filled 11 – 20%
8
3
2
0
1
2
3
4
5
6
7
8
Libraries
0 - 5%
6 - 10%
11 - 20%
Wiley, 2004Wiley, Interlending and Document Supply 2004
Borrowing and Future Impact
Yes No
Is it harder to borrow some titles? 10 2
Is your library canceling the print version of a title and retaining the online?
12 1
Is protection of ILL activity considered 7 6
Wiley, 2004Wiley, Interlending and Document Supply 2004
Summary of Wiley 2004 study It is hard for ILL staff
to learn what the ILL rights are on a title level.
ILL staff are not lending ejournal articles because of lack of information on rights
As more libraries transition to online only and if information on ILL rights is not provided, the ability to serve users will suffer.
I speculate that this is already a problem and the negative impact needs to be understood by administrators.
Wiley, Interlending and Document Supply 2004
Where do you find ILL rights information?
Signed licenses versus Terms of UseTo locate ILL rights, you need to know the
current publisher of the journal. Terms of use
Example from Highwire http://highwire.stanford.edu/lists/allsites.dtl#A
Signed license Best to use institutional negotiated copy Terms posted on the generic web version may
not be the same.
Electronic journal licenses 7.LICENSEE'S UNDERTAKINGS7.1 The Licensee will take all reasonable
steps to ensure that the Licensed Material is used only in accordance with the terms and conditions of this Agreement and shall inform Authorised Users of the permitted use restrictions and other provisions set out in this Agreement. (Nature Publishing License 2006)
Two approaches Generic web page Publisher specific license information
delivered on a title level
Two approaches Generic web page Publisher specific license information
delivered on a title level Electronic Resource Management (ERM) Links that show Innovative Resource Records
http://del.icio.us/lincics/ERMexamplesShirley LincicumCollection Management LibrarianWestern Oregon University
Conclusion The transition from print to online format and the
introduction of license has changed the way libraries function.
Collection Development librarians need to consider ILL rights when transitioning to online only journals. ILL needs to be represented on Collection Development Committees.
Libraries with ERM modules can communicate terms; not all libraries can afford to purchase and populate ERM systems.
ILL staff may be able to assist e-Resources staff in making this information available.
QuestionsDiane [email protected], Collections and AcquisitionsWashington State University