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 Carrollcarroldi@wsu.eduHead, Collections and AcquisitionsWashington State University