1. Living with Our Contracts: Actualizing e-ILL Katherine A. Perry, VIVA Director November 19, 2003 CONCERT, Taipei

2. Preferred License Agreement Language Interlibrary Loan. 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. http://www.library.yale.edu/~llicense/standlicagree.html

3. http://www.gmu.edu/library/fen/viva/illcontr.html

4. Between the idea And the reality Between the motion And the act Falls the shadow … Between the potency and the existence Falls the Shadow --T. S. Eliot, The Hollow Men

5. U.S. Copyright Law “The primary objective of copyright is not to reward the labor of authors, but "[t]o promote the Progress of Science and useful Arts." To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of science and art. ---- Justice Sandra Day O'Connor (Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340, 349(1991)

6. U.S. Copyright Law, Section 108(g)(2) “ That nothing in this clause prevents a library or archives from participating in interlibrary arrangements that do not have, as their purpose or effect, that the library or archives receiving such copies or phonorecords for distribution does so in such aggregate quantities as to substitute for a subscription to or purchase of such work.”

7. CONTU Guidelines on Photocopying under Interlibrary Loan Arrangements http://www.copyright.gov/circs/circ21.pdf

8. Virginia Tech: ILL Borrowing in 2003 1.Total students and faculty = 30,000 2.Total ILL items in 2003 = 25,486 Almost a 1:1 ratio?

9. Virginia Tech: Most Borrowed only a Few Items in 2003

10. Number of Items Borrowed by Individuals at Virginia Tech in FY 2003

11. What is e-ILL? BEST: “Direct e-ILL” The ability to send an electronic journal article directly to the user for Interlibrary Loan BENEFITS: 1.Much faster than traditional ILL from print. 2.Improved copy to the user. 3.Links to references are preserved. 4.Publisher will see increased use of linked articles.

12. What is e-ILL? (Continued) SECOND BEST: “indirect e-ILL”. The ability to use an electronic journal article for Interlibrary Loan, but not in electronic format. BENEFIT: 1.Faster service than print, but not as fast as direct e-ILL 2.Improved copy to the user. BUT 1.Links to references and other electronic features will not be preserved. 2.Publisher will not see increased use of linked articles

13. % Change in Book and Journal Costs ARL Libraries, 1986-2002

14. % Change in Journal Costs ARL Libraries, 1986-2002

15. VIVA Contracts Allowing Direct e-ILL 1.American Chemical Society Journals 2.Annual Reviews 3.Association of Computing Machinery 4.Cambridge U Press Journals 5.CIAO 6.Gale InfoTrac 7.Harp Week 8.HighWire http://www.gmu.edu/library/fen/viva/illcontr.html

16. VIVA Contracts Allowing Indirect e-ILL 1.American Mathematical Society Journals 2.APA – PsycARTICLES 3.Nature Journals 4.Ovid Nursing & LWW Journals 5.Oxford U Press Journals 6.Project Muse 7.Science http://www.gmu.edu/library/fen/viva/illcontr.html

17. Only 1 VIVA Contract Prohibits e-ILL Academic Press IDEAL (1996-2002) http://www.gmu.edu/library/fen/viva/illcontr.html

18. e-ILL at the University of Virginia 31,366 total requests, 15,497 were for articles. They import the request into ILLiad management software Search library catalog Look up article If licensing agreement allows e-ILL, they print the article and treat as they would any other ILL article.

19. Benefits For Library Reduced total staff time needed to retrieve item (reduced a minimum of 24 hours to as much as several days) Bound journals are not removed to local patrons can find them For Recipient Improved copy because printing is from Internet Article received more quickly