Jenny,

Just as a disclaimer, I find these statements confusing as well.

1. ILL - If they have added the (such as inter-library loan) to your
agreement, I would say you need to limit the amount of ILL items that are
sent from that journal. I say limit instead of forbid because of the word
"systematic" used. I would say a few articles from a publication per
semester would not violate this agreement. However, if you start getting a
large amount of articles requested you may want to reconsider.

2. E-Reserves - Reserves of a small part of an e-resource would seem to be
allowed, as long as the link is up for a set amount of time and then
removed. To be on the safe side ask the professor what dates he/she wants
set as the viewing dates and then remove them. (not including transient,
dynamic caches of individually requested material)  Do not allow the
professor to keep requesting these materials be put up every semester. I
would consider this a violation. Come up with a policy that you can point to
if there are questions.

1-2. If you want to be totally safe you could do any or all of the
following:

- Contact the publisher. Tell them what you are intending to do and ask for
written clarification.

- Get the backing of your administration on the decision you make.

- Consult the legal advisor at your institution, if you have one.

Hope this helps...

Ryan Weir
Serials and Electronic Resources Librarian
University Libraries
Murray State University
Office: (270) 809-5607
Fax: (270) 809-5609
email: ryan.weir@murraystate.edu

MSU Libraries: Information. Where you are, we are. 

-----Original Message-----
From: SERIALST: Serials in Libraries Discussion Forum
[mailto:SERIALST@list.uvm.edu] On Behalf Of Jenny Lockwood
Sent: Friday, October 24, 2008 3:03 PM
To: SERIALST@LIST.UVM.EDU
Subject: [SERIALST] confusion over License language

Greetings,
I find many of our licenses have the following standard phrases:
1."the systematic making of print or electronic copies of Online Content
for transmission to non-subscribers or non-subscribing institutions
(such as inter-library loans) is prohibited."
2. "Downloading portions of Online Content for the purpose of creating
pre-loaded, systematic and persistent local copies (not including
transient, dynamic caches of individually requested material) for
redistribution is prohibited."

1.Does anyone have a clear insight into whether ILL or Electronic
Reserves are allowed under these restrictions?  If one is to interpret
that ILL is prohibited--why is the qualifier, systematic, included? This
phrase is included in licenses that reference fair use and those that don't.
2. Would Electronic Reserves be allowed or do you think the second
statement does not address this type of cache.
Thanks in advance for any enlightenment offered...

Jenny

--
Jenny Lockwood
New Mexico State University Library
Acquisitions/Electronic Resources
PO Box 30006, Dept. 3475
Las Cruces, New Mexico 88003
Phone: 575-646-3104 Fax: 575-646-7477