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, 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
Previous Page Next Page