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The Virtual Library of Virginia
This page provides a brief summary of the contract provisions for the VIVA Full Text Resources regarding our ability to use these resources for InterLibrary Lending in either the direct electronic form or in printed version from the electronic form. These contract periods and provisions are, of course, subject to change. Implicit is the responsibility of each member library to protect our licenses and to follow the CONTU Guidelines in using these full text resources for InterLibrary Loans.
Any further questions about VIVA contracts should be directed to Kathy Perry, the VIVA Director, or to Iris Moubray, the VIVA Procurement Officer.
|
Can do e-ILL electronically |
Can do e-ILL, but must PRINT FIRST |
e-ILL Prohibited |
| American Chemical Society | American Mathematical Society | Academic Press IDEAL Archives (1996-2002) |
| Annual Reviews | Nature Journals | |
| Association of Computing Machinery | Ovid Nursing & LWW Journals | |
| BioOne | Oxford U Press (only in US to nonprofit organization) | |
| Cambridge U Press (only in No. America) | Project Muse | |
| CIAO | PsycArticles | |
| Gale InfoTrac (but articles might be incomplete) |
Science | |
| HarpWeek | ||
| HighWire |
NO ILL in Electronic Form. You can only use the print copies of your paper subscriptions for ILL. (Institutions that have continued their subscription to Academic Press titles with Elsevier will need to check their new contracts.)
YES you can use the digital form or print from it for ILL: "The contractor permits InterLibrary Loan of ACM digital Library articles by the VIVA members libraries, wihtin the CONTU guidelines. DL articles may be included in electronic reserves and online courses for authorized users."
YES, but only to non-commercial libraries "5.b. Use By Others Through InterLibrary Loan: Except as set forth in paragraph 6 and elsewhere in this Agreement, Licensee may use the ACS Web Editions to fulfill requests for InterLibrary Loan (ILL) according to the provisions of the Agreement. InterLibrary Loan shall include requests to support non-commercial scholarly research by patrons of other libraries such as public, school, or college libraries. An Authorized User at the Library of an authorized Site may obtain a copy of an article in PDF format (Portable Document Format) and transmit it to the ILL requesting Library by mail, fax, or electronic transmission."
YES, but you must print first. "2. Interlibrary Loan. Institutions may use hard copies derived from the electronic edition of the publications for the purpose of interlibrary loan with the same limitations that apply to copies for that purpose made from the print edition of the journals. Specifically, copies must be made in compliance with Section 108 of the Copyright Act of the U.S. and be within the CONTU guidelines. Authorized users who do print articles must maintain all copyright and other notices on the printed articles. The AMS considers ARIEL to be a hard copy transmission."
Electronic reserves: "1.f. Electronic Reserve. Licensee and Authorized Users may use a reasonable portion of the Licensed Materials for use in connection with specific courses of instruction offered by Licensee and/or its parent institution."
YES you can use the digital form or print from it for ILL: "The Subscriber's Authorized Users may download and print articles for personal use and archive contents on their own personal computers. They may send one copy by email, print, or fax to one person at another location for that individual's personal use. Facsimile images that are exact representations of the print pages or of printouts from the electronic database may be provided for interlibrary loan under CONTU guidelines and distributed in paper, fax, or digital form. Libraries may include copies of AR digital content in local electronic course reserve systems limited to use of Authorized Users of current classes."
YES you can use the digital form or print from it for ILL:
"3.1 The Licensee may, subject to Para. 4 below:
... 3.1.5 Provide interlibrary loans.
YES in North America (Ariel is OK, otherwise a single paper copy): "4.1 Members may, subject to clause 6 below, supply to the library of an institution that is not a member of the Consortium but is within North America (whether by post, fax or secure transmission, using Ariel or its equivalent, whereby the electronic file is deleted immediately after printing), for the purposes of individual research or private study by an Authorised user of the library and not for Commerical Use, a single paper copy of an individual document being part of the L:icensed Materials."
5. Course Packs and Electronic Reserve
5.1 Members may, subject to clause 6 below, incorporate parts of the Licensed Materials in Electronic Course Packs and Electronic Reserve collections for the use of Authorised Users in the course of instruction at a Member's institutuion, but not for Commercial Use. Each such item shall carry appropriate acknowledgement of the source, listing title and author of the extract, title and author of the work, copyirght notice, and the publisher. Copies of such items shall be deleted by the Member when they are no longer used for such purpose. Course packs in non-electronic non-print perceptible form, such as audio or Braille, may also be offered to authorised Users who, in the reasonable opinion of the Member, are visually impaired.
NO ILL is permitted.
YES: "Institutions may use hard or electronic copies derived directly or indirectly from the electronic edition of the publications for the purpose of inter-library loan with the same limitations that apply to paper copies for that purpose made from the print edition of the journals. Specifically, copies must be made in compliance with Section 108 of the Copyright Act of the U.S…." and within the CONTU guidelines.
YES: Letter of 4/ 3/98: "VIVA may use paper and electronic copies derived directly or indirectly from the electronic database provided such usage is within the "fair use" standards set forth in sections 107 and 108 of the U.S. Copyright Act …." "Fair Use" allows for the same rights and limitations for electronic copies as are applied to printed copies but does not allow for redistribution." NOTE: needs to have a copyright credit.
YES: Authorized Users may: "…operate the Sofware to display, download, post on the Internet and/or print the Content, subject to the limitation of Fair Use pursuant to the Copyright Act. All downloading, printing, posting on the Internet or other usage in excess of Fair Use requires PRIOR written permission from HarpWeek…"
YES: "General use consistent with U.S. Copyright law governing Fair Use. Use of materials for interlibrary loan and course packs. "
YES, but you must print first: "Institutions may use hard copies derived from the electronic edition of the publications for the purpose of interlibrary loan with the same limitations that apply to copies for that purpose made from the print edition of the journals. Specifically, copies must be made in compliance with Section 108 of the Copyright Act of the U.S. and be within the CONTU guidelines. Authorized users who do print articles must maintain all copyright and other notices on the printed articles. Nature considers ARIEL to be a hard copy transmission".
YES: RFP p. 33: "For the Five bibliographic databases included in the proposal, there are no interlibrary loan restrictions on the content of the databases." [CINAHL, ERIC, MLA, PsychInfo, and SocAbs]
YES, but you must print first: "L:icensee
may use the Licensed materials to fulfill only in print form interlibrary loan requests from institutions that
do not have access to the Licensed Materials, provided that such fulfillment is in accordance with the interlibrary
loan provisions of Section 108 of the US Copyright Act and the CONTU Guidelines promulgated thereunder and with
analogous applicable laws of other jurisdictions.
"Such requests may be fulfilled only by the Institution printing a copy of the Item and providing that print
copy, or a photocopy or facsimile transmission thereof, to the requesting party. The Licensed Materials may not
be used, directly or indirectly, by Licensee or authorized Users for "interlibrary lending," including,
but not limited to, providing e-mail or remote access to such online form of the Licensed Publications to other
libraries, Institutions, or persons." (email from Jim Palmerin to Kathy Perry of new OVID policy, 10/10/06)
YES, but you must print first. Only ILL in USA and only to non-profit organizations: "5.5 Under the terms of this Site License, the Licensee is granted the non-exclusive right to supply (whether by post, fax or secure electronic transmission, using Ariel or its equivalent, whereby the electronic file is deleted immediately after print) to an authorized user of another USA academic library or USA library which is part of a non-commercial organization, for the purposes of research or private study and not for commercial use, a single paper copy of an electronic original or an individual document from a journal for which a subscription has been paid at the full current subscription rate, in compliance with Section 108 of the United State Copyright Law (17 USC Section 208, "Limitations on exclusive rights: Reproduction by libraries and archives") and with guidelines developed by the National Commission on New Technological Uses of Copyrighted Works (CONTU Guidelines).... In the event that OUP requests records on the Licensee's use of OUP materials for InterLibrary Loans, the Licensee will begin keeping such records, reporting annually in a mutually agreeable format and provided that confidentiality of patron data shall be maintained.
YES, but you must print first: ILL from printouts from electronic version: "Facsimile images that are exact representations of the print journal pages or of printouts from the electronic database may be provided for interlibrary loan under CONTU guidelines and distributed in paper, fax, or digital form."
YES, but you must print first: "3.6. Use for Interlibrary Lending with the following restrictions:
"(a) The Licensed materials may not be used for any (i) fee-for-service use by Licensee including providing access to or selling copies of Items, (ii) systematic supply or distribution of portions of or Items from the Licensed materials in any form to anyone other than an Authorized user or (iii any similar activity.
"(b) Licensee may use the Licensed materials to fulfill only in print form interlibrary loan requests from institutions that do not have access to the Licensed Materials, provided that such fulfillment is in accordance with the interlibrary loan provisions of Section 108 of the US Copyright Act and the CONTU Guidelines promulgated thereunder and with analogous applicable laws of other jurisdictions.
"(c) Such requests may be fulfilled only by the Institution printing a copy of the Item and providing that print copy, or a photocopy or facsimile transmission thereof, to the requesting party. The Licensed Materials may not be used, directly or indirectly, by Licensee or authorized Users for "interlibrary lending," including, but not limited to, providing remote access to such online form of the Licensed Publications to other libraries, Institutions, or persons.
"3.7 The Licensee may incorporate parts of the Licensed Materials in electronic course packs and electronic reserve collection for the use by Authorized Users in a particular course of instruction at the Licensee's institution, but not for printed (hard copy) or CD-ROM versions of Course Packs, Commercial Use of Re-sale. Each such item shall carry appropriate acknowledgement of the source, listing title and author of the work, and the publisher. Access to stated materials are to be controlled by security measures, which should include the use of authorized passwords, and such passwords are only to be made available to registered students of that particular course."
YES, but you must print first: "It will, however, be permissible for your institution to print out occasional articles for Inter Library Loan under CONTU guidelines, provided the printing is done at your location and at your expense, and that only a limited number of copies of such articles will be made and distributed in this way."
ILL
Subcommittee | Resource Sharing Committee
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Contact: Kathy Perry, (George Mason University) VIVA Director.
Last updated: 2/1/06