---------- Forwarded message ----------
Date: Fri, 23 Dec 1994 15:20:08 +0100
From: luigi.fort@gbpub.com
Subject: IPD LETTER RE NETWORK RATE

>From International Publishers Distibutor, Representing Gordon & Breach
Science Publishers and Harwood Academic Publishers.

We would like to clarify the Photocopy License and Network Rates for
Gordon and Breach and Harwood Academic journals. We recognize that there
has been confusion among subscribers regarding these rates, and we would
like to apologize for any inconvenience.

For 1995 the Network Rate was introduced as a vehicle for institutions to
copy and re-sell or re-distribute journal articles without any further
payment of royalties or reporting to any clearance agency.

Since 1987 the Photocopy License has been included in the subscription
rates to institutional subscribers in North America, Australia/NZ, and the
European Community.

Both the Network Rate and Photocopy License allow subscribers greater
freedom than is provided under most copyright laws with respect to their
use of our journals. Contrary to statements made in Ms Okerson's notice to
Serialst, there is no intent on our part to supersede the rights of
subscribers to operate within fair use provisions of their copyright laws
if they subscribe with, or without, the Photocopy License. As it clearly
states on our invoices, we begin our copyright statement with

          " Except as permitted under national laws or under the Photocopy
            License described below . . .".

Following are complete explanations of these rates:

Photocopy License - This is included in the regular subscription price of
Gordon and Breach and Harwood journals. It allows the subscriber to make
multiple photocopies of single articles in excess of the copying permitted
by fair use. As is true under 'fair use', copying under the Photocopy
License must be for the internal research purposes of the library's users.
With this License, the subscriber does not have to report to the CCC or
any other licensing organization.

Network Rate - This is a license that was developed for subscribers who
engage in re-distribution of copyrighted material. The key point about
this rate is that the subscriber can actively re-sell or re- distribute
copies of articles from our journals without being required to pay the
publisher any further royalty or to report to any copyright licensing
agency. The only limit is the reasonable prohibition of engaging in
"re-publication", that is, duplicating and distributing full copies of
issues or volumes. Alternatively, we want to make aware that we offer a
document delivery service for Gordon and Breach and Harwood journals from
facilities in Switzerland, USA, and Singapore. With complete access to our
collections in these locations, customers can receive same-day service
through fax or express mail. Libraries can set up accounts with us for
uninterrupted service that is quicker than most other delivery services.

Base List Rate - This is the subscription rate without the Photocopy
License or Network Rate. We expect subscribers at this rate to use the
journal in accordance with their own national copyright laws. In essence,
this is the most restrictive rate, but the only restriction imposed on the
subscriber is their own national copyright law.

We'd like to point out the recent court decision regarding Texaco, where a
group of publishers succeeded in obtaining a ruling in their favor
regarding Texaco's excessive photocopying and re- distribution. The court
recognized the need for establishing licensing fees for photocopying and,
moreover, improving the ease of obtaining these licenses. We feel that a
fee included in the regular subscription price better accommodates our
subscribers than the reporting requirements of using such services like
the CCC or other agencies.

Under 'fair use' provisions, although it is well recognized how material
can be used, it is not always clear what quantity of copies per article
one is allowed to make. The Photocopy License simply addresses this issue
by allowing the subscriber to copy beyond any quantifiable limit conveyed
by fair use. The result is that the library, operating under fair use and
the Photocopy License, has no further need to report copy amounts to the
publisher or any regulating agency.

In summary, our subscribers do not lose any rights when paying at any of
these rates; they only stand to gain. We welcome any further questions you
may have about your subscriptions with us. Thank you and happy holidays.

For more information please contact: Luigi Fort, International Publishers
Distributor, Reading, UK. Tel: +44 (0)734 560080 Fax: +44 (0)734 568211