ILL Provisions in VIVA's Contracts for Full Text Resources

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, within the CONTU guidelines. DL articles may be included in electronic reserves and online courses for authorized users."

YES: "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: "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 (Electronic Secure Submission is okay, 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 Licensed 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 institution, 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, copyright 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: (Contemporary Women's Issues is amended to Gale MLA JMU2271) 2.7 Subscribing Institute may not use any data or documentation received from the Licenses Content except as expressly provided in this Agreement and except as permitted by U.S. Copyright  Law and CONTU guidelines, which law shall govern the use of all data and documentation received from the Licenses Content.  Subscribing Institute agrees not to sell, exchange, barter or transfer, rent, lease, loan, resell for profit, distribute or in any other manner commercially exploit any data or documentation received from the Licensed Content.

YES: 3.1 The Licensee may, subject to Para. 4 below:
3.1.4 Provide single printed or electronic copies of single articles at the request of individual Authorized Users.
3.1.5 Provide interlibrary loans.

YES: 3.1 The Licensee may, subject to Para. 4 below:
3.1.4 Provide single printed or electronic copies of single articles at the request of individual Authorized Users.
3.1.5 Provide interlibrary loans.

YES, but you must print: "RFP # M-353 – December 3, 2007. G. Fair Use and Copyright Policy.  b. The contractor shall describe any restrictions on interlibrary loan of content of the database. “...interlibrary loan is restricted to one print copy of the specifically requested dissertation, book or pamphlet loaned out at any one time." NOTE: Can do ILL of electronic full text, but must PRINT the material and use non-electronic means of delivery (e.g. mail, local courier service, etc.)

YES: "3.1 The Licensee may, subject to Para. 4 below:

"3.1.5 Provide interlibrary loans. Licensee may fulfill requests from other institutions, a practice commonly called Interlibrary Loan. Licensee agrees to fulfill such requests in compliance with Section 108 of the United States Copyright Law (17 USC 108, "Limitations on exclusive rights: Reproduction by libraries and archives") and clause 3 of the Guidelines for the Proviso of Subsection 108 (g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works, as applicable to hard copy transmission only. The use of ARIEL (or its equivalent) for Interlibrary Loan is considered to be a hard copy transmission."

YES: G.1.b. With regard to interlibrary loan, EBSCOhost products may be used for ILL unless ILL is specifically prohibited by the publisher in the copyright statement within an individual record.

YES: Authorized Users may: ".operate the Software 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: 4. a (vi) use a printed or electronically transmitted article for the purpose of inter-library loans subject to the same limitations that apply to paper copies for that purpose made from the print edition of the publications. Specifically, copies must be made in compliance with Section 108 of the Copyright Act of the U.S. and with guidelines developed by the National Commission on New Technological Uses of Copyrighted Works (CONTU Guidelines), the text of which is available as part of U.S. Copyright Office Circular 21; and

YES: "3.3. Subject to express provisions tp the contrary in this Agreement the Licensees will:

"3.3.3. not use the electronic form of any Publication for the purpose of making interlibrary loans except that inter-library loans may be made by mailing or faxing articles that have been downloaded and printed in hard copy. The use of Ariel is considered to be hard copy. Licensee may fulfill requests from other institutions, a practice commonly called Interlibrary Loan. Licensee agrees to fulfill such requests in compliance with Section 108 of the United State Copyright Law (17USC108, "Limitations on exclusive rights: Reproduction by libraries and archives") and clause 3 of the Guidelines for the Proviso of Subsection 108 (g)(2) prepared by the National Commission on New Technological uses of Copyrighted Works."

YES: "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.
"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: "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: 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: 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: Contract with the American Psychological Association, RFP effective September 1, 2010.  Email from Neil Lader to Iris Moubray, March 1, 2010, part of RFP and contract:  "Interlibrary Loan.  Licensee agrees to fulfill such requests in compliance with Section 108 of the United States Copyright Law (17 USC Section 108, "Limitations on exclusive rights:  Reproduction by libraries and archives") and clause 3 of the Guidelines for the Proviso of Subsection 108(g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works.  Requests may be filled with paper copies or by using Interlibrary Loan systems that send images only."

"Ariel and Odyssey deliver flat images; therefore, they are acceptable to APA.  We are aware that most libraries use these systems for ILL."

"APA's ILL policy pertains only to databases containing full text.  It does not apply for PsycINFO."  -- RFP. p. 234.  Section C1.b.

RFP Section C.2.b.  VIVA Requirement:  Describe permitted uses for creating and using course packs, electronic reserves, learning objects, or course management systems (such as Blackboard).

APA Response:  VIVA member institutions may incorporate parts of the databases in electronic course packs, course management systems, and electronic reserve collection for the use by their authorized users in a particular course of instruction at the institution.  Each item shall carry appropriate acknowledgment of the source, listing title and author of the extract, title and author of the work, and the publisher.  Access to materials is to be controlled by security measures, such as IP authentication or the use of authorized passwords.  Access should be made available only authorized users.  Member institutions should delete copies of course content when they are no longer used for a particular course.  Course packs in non-electronic non-print perceptible form, such as audio or Braille, may also be offered to authorized users who are visually impaired. 

"Permission for other reproduction should be sought from the Publisher, via the APA Permissions Office.  Permitted uses in these instances pertain only to databases containing full text.  They do not apply for PsycINFO.  Use in printed (hard copy) or CD-ROM versions of Course Packs, Commercial Use, or Re-sale is not permitted."

YES, but you must print: "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." NOTE: Can do ILL of electronic full text, but must PRINT the material and use non-electronic means of delivery (e.g. mail, local courier service, etc.)

YES “1.e. The Licensee’s library staff may supply to another library, upon request by that library, either a single paper copy (by post or fax) or an electronic copy of an individual document from the Licenses Electronic Products, for the purpose of research or private study.  The electronic copy must be supplied by secure electronic transmission (like Ariel) and must be deleted by the recipient library immediately after printing a paper copy of the document for its user.”