Esther Sleep points us to what Luigi Fort reported in his 23 December 1994
posting 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---"  and again
>under "Basic List Rate" is stated "We expect subscribers at this rate to
>use the journal in accordance with their own national copyright laws."
>According thus from G&B.

Unfortunately, that is not the only message librarians are receiving from
Gordon & Breach.  If one looks at the 'Subscription Rate Explanation'
chart, it states that with the Base Rate, no inter library lending is
allowed.  Unless I am mistaken, ILL activity falls within 'fair use'.  How
can G&B state that they do not intend to supersede the rights of
subscribers to operate with fair use provisions of their copyright laws,
yet prohibit ILL activity?

Following this chart of rates and explanations is a paragraph which states:

"Through payment at the above rates, the subscriber warrants that it will
only use the publication in accordance with the usage-privileges associated
with the paid rate and that these usage-privileges associated with the paid
rate and thate these usage-privileges are governed by Swiss Law.  Publisher
and subscriber agree that any conflict arising from use exceeding the uses
allowed for the paid rate shall be handled by an arbitrator appointed by
the Zurich Chamber of Commerce according to its rules of arbitration."

[This is an exact quote.  Any errors were entered as printed by the publisher.]

My understanding of this statement by G&B is that we forfeit US copyright
once we make payment at one of their rates.  The usage-privileges are
governed by Swiss Law.

All I want is a consistent, final, official, and public printed document
which states, once-and-for-all (at least for one calendar year) the
expectations on the part of the publisher.  I want them to say that US
copyright law supersedes any of the publisher's use restrictions.  I want
them to clearly and publicly state that ILL activity does fall under 'fair
use' for US customers in accordance with US law.  I want them to state that
Swiss Law is for the Swiss.  I want this in writing, not over the phone,
not forwarded as e-mail.  Let's see it printed in their catalogs.  Is this
so much to ask?

--Scott Wicks
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                        Scott B. Wicks                      *
                  Acquisitions Librarian              *
            Cornell University Library       *
                    110A Olin Library          *
                         Ithaca, NY              *
                       14853-5301        *
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