copyright law to license agreements and the growing adoption of e-books.
Given the importance of resource sharing to research libraries and to the
communities they serve, members of the research library community should
continue to participate in international interlibrary loan and document delivery
arrangements and actively promote inclusion of ILL privileges not limited to
national boundaries when negotiating license agreements. One way to
accomplish this would be to include a provision stating that nothing in the
license may restrict exceptions permitted under copyright law.
The result of moving to licensed electronic versions rather than purchased
print versions may leave research libraries with no right to lend to or obtain
non-subscribed materials from peers if ILL privileges are limited by
licensing agreements or if the agreements do not include a provision
acknowledging that nothing in the license may restrict exceptions
permitted under copyright law.3
The rapid adoption of e-books presents an opportunity for libraries to work
with publishers on licensing terms and conditions. It will be important for
research libraries to actively promote including ILL privileges in e-book
license agreements and ones that are beneficial to the reader, e.g., the ability
to loan an entire work, not just a chapter.
It would be useful to articulate clearly ILL clauses that are consistent with
research libraries’ mission, ILL best practices, and ILL management tools.
There is need for greater understanding and education of ILL workflow
and the tools to support it particularly as licenses are being negotiated.
Development of model ILL license language would be of great value.
Key features to include in license language are: confine constraints on
ILL permissions to the lending libraries, do not restrict ILL to the same
country, and allow the use of a digital copy of the electronic article
without printing prior to sending through Ariel or Ariel-like software.
1
ARL is deeply grateful to the following individuals for their work in support of the Task Force on
Interlibrary Loan and Document Delivery: Anne K. Beaubien, Brandon Butler, Marlayna Christensen,
Kenneth D. Crews, Trisha Davis, Selden Durgom Lamoureux, Donna Ferullo, Jennifer Kuehn, David
K. Larsen, Mary Lehane, Kevin L. Smith, and James Stemper.
2
IFLA, “International Resource Sharing and Document Delivery: Principles and Guidelines for
Procedure,” first agreed by IFLA 1954, major revision 1978, modified 1987, major revision 2001,
revision February 2009, http://www.ifla.org/files/docdel/documents/international-lending-en.pdf.
3
Of course, while such provisions clarify and make explicit the rights libraries require, libraries
typically retain their legal rights under statutory exceptions even without an explicit provision. So,
unless the agreement expressly limits a library’s default legal rights, it will retain the right to engage
in international ILL under the auspices of Sections 107 (fair use) and 108.
RLI 275
5
Report of the Task Force on International Interlibrary Loan and Document Delivery Practices
(
C O N T I N U E D
)
JUNE 2011 RESEARCH LIBRARY ISSUES: A QUARTERLY REPORT FROM ARL, CNI, AND SPARC
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