1. Electronic Resource Management: Licensing and Interlibrary loan Diane Carroll Head, Collections and Acquisitions Washington State University, Pullman September 21, 2007

2. Questions 1. What is a license? 2. How has the transition from print to electronic journal affected library services? 3. What terms in the license affect interlibrary loan? 4. How does the staff know what the interlibrary loan rights are for each online title?

3. Copyright law versus contract law  A license is a grant of rights by a publisher who owns or has rightful possession of a property.  A license is not a sale of property.  What the parties agree will over-ride underlying law – mutual agreement.  If Fair Use principles are not incorporated into license or are denied, copyright laws will not apply. From ARL workshop on Licensing Electronic Information Resources August 2000

4. Print to electronic transition Print  Who can use the library is a local decision (open to the public or not).  No need to establish venue and governing law for breach of contract.  When title is canceled, it stays on the shelve. Electronic  Authorized users are defined in a license – by category and number.  Need to establish venue and governing law in case of breach of contract.  When a title is canceled, do you lose electronic access?

5. Print to electronic transition Print  Fair Use and Copyright laws apply.  All pay same institutional rate for subscription. Electronic  Must mutually agree on rights and restrictions.  Fee could be based on use, FTE, number of campuses, or Carnegie Institutional Tiers.

6. How has licensing journals affected library services and staff?  Acquisitions and post-cancellation rights (Perpetual access or archival rights)  Coursepacks and e-reserves  Interlibrary loan

7. Acquisition of a print journal Notification of new journal Journal consideration Acquisition process Receipt and physical processing From DLF Electronic Resource Initiative Appendix B Retention, Inter-library loan, Preservation

8. Acquisitions of an electronic journal Notification of new journal Journal consideration Licensing negotiation Activation Processes Maintenance, Interlibrary loan? Perpetual Access? Technical evaluation Business negotiation

9. Post cancellation rights  If the subscription is cancelled in 2008, will users still have access to the information paid for in 2007?  Post cancellation rights = perpetual access rights.  Archival rights = physical digital copy of the subscribed materials (CD, tape, LOCKSS)  For many journals, print is the physical archive.

10. Collection policy for online only  Ideally, journals to be purchased online only should have: 1. Perpetual access rights if canceled 2. Interlibrary loan rights with delivery via secure electronic transmission allowed.  Publishers are happy to sell online only journals with neither of these rights. Buyer beware.

11. Course Packs and E-Reserves Course Packs:  Unusual to gain this rights  Need to contact the publisher/CCC as you would with print E-Reserves:  Can obtain this rights most of the time.  Need to agree to remove materials from password protected reserves upon class completion.

12. Interlibrary Loan Is it allowed?  Negotiated right  More commonly allowed but still restrictive in method of delivery.  Union list – if online only, must have ILL rights defined in license. By what delivery method:  Fax or mail  Ariel, Odyssey – secure transmission  E-mail attachment – almost never  No commercial use  No loans to foreign countries

13. How does the staff know ILL rights for each ejournal subscription?  Article by Lynn Wiley. 2004. “License to Deny? Publisher restrictions on document delivery from e-licensed journals.” Interlending and Document Supply 32: 94-102.  Survey of 13 large research libraries on how licensing affected both lending and borrowing operations.

14. License knowledge and availability YesNo Does the ILL staff have any access to ILL clauses in license? 94 Does the ILL staff check a separate list?67 Can ILL staff search for restrictions while checking titles for article fulfillment? 211 Wiley, Interlending and Document Supply 2004

15. Impact of licensing restriction on lending YesNo Will try to fill rather than cancel outright? 93 Typical adjustment: fill from print121 Forced to cancel request sometimes? 92 Wiley, 2004Wiley, Interlending and Document Supply 2004

16. Percentage of total lending that could be filled with ejournal articles  8 of the 13 libraries supplied as little as 0- 5% of requests using articles from ejournals  Only 2 libraries filled 11 – 20% Wiley, 2004Wiley, Interlending and Document Supply 2004

17. Borrowing and Future Impact YesNo Is it harder to borrow some titles?102 Is your library canceling the print version of a title and retaining the online? 121 Is protection of ILL activity considered76 Wiley, 2004Wiley, Interlending and Document Supply 2004

18. Summary of Wiley 2004 study  It is hard for ILL staff to learn what the ILL rights are on a title level.  ILL staff are not lending ejournal articles because of lack of information on rights  As more libraries transition to online only and if information on ILL rights is not provided, the ability to serve users will suffer.  I speculate that this is already a problem and the negative impact needs to be understood by administrators. Wiley, Interlending and Document Supply 2004

19. Where do you find ILL rights information?

20. Signed licenses versus Terms of Use To locate ILL rights, you need to know the current publisher of the journal.  Terms of use Example from Highwire http://highwire.stanford.edu/lists/allsites.dtl# A http://highwire.stanford.edu/lists/allsites.dtl# A  Signed license Best to use institutional negotiated copy Terms posted on the generic web version may not be the same.

24. Electronic journal licenses 7.LICENSEE'S UNDERTAKINGS 7.1 The Licensee will take all reasonable steps to ensure that the Licensed Material is used only in accordance with the terms and conditions of this Agreement and shall inform Authorised Users of the permitted use restrictions and other provisions set out in this Agreement. (Nature Publishing License 2006)

25. Two approaches  Generic web page  Publisher specific license information delivered on a title level

27. Two approaches  Generic web page  Publisher specific license information delivered on a title level Electronic Resource Management (ERM) Links that show Innovative Resource Records  http://del.icio.us/lincics/ERMexamples http://del.icio.us/lincics/ERMexamples Shirley Lincicum Collection Management Librarian Western Oregon University

30. Conclusion  The transition from print to online format and the introduction of license has changed the way libraries function.  Collection Development librarians need to consider ILL rights when transitioning to online only journals. ILL needs to be represented on Collection Development Committees.  Libraries with ERM modules can communicate terms; not all libraries can afford to purchase and populate ERM systems.  ILL staff may be able to assist e-Resources staff in making this information available.

31. Questions Diane Carroll carroldi@wsu.edu Head, Collections and Acquisitions Washington State University