[Fwd: Elsevier Accepts Modified License Agreement]

Subject: [Fwd: Elsevier Accepts Modified License Agreement]
From: Emanuella Giavarra (ecup.secr@dial.pipex.com)
Date: ke 09 heinš† 1997 - 14:32:28 EEST

Dear list members,

This interesting message was originally posted to the US liblicense
It shows that it is possible to modify a licence, even for Interlibrary
Loan of electronic material.

Kind regards,
Emanuella Giavarra

Ann Okerson wrote:
> Date: Wed, 02 Jul 1997 16:16:51 +0200
> From: ESO Garching Librarian <esolib@ESO.ORG>
> To: SLAPAM-L@lists.yale.edu, liblicense-l@pantheon.yale.edu
> Subject: Elsevier accepts modified License Agreement
> [This message was cross-posted to slapam-l and Liblicens-l. Please
> excuse the duplication.]
> Those colleagues who subscribe to the electronic version of "New
> Astronomy" will have received the corresponding License Agreement
> from Elsevier during recent weeks. When checking the wording,
> we recognized that the contract, like contracts of many
> other publishers, explicitly prohibited Interlibrary Loan using
> the electronic edition:
> "Usage Restrictions, Interlibrary Lending.
> Except as expressly permitted in Section 1.4 above,
> access to the Journal may not, directly or indirectly,
> be used [...]:
> [...]
> - for the purpose of making interlibrary loans.
> After discussing extensively with Elsevier and explaining our
> reasons for not being able to sign such an agreement, we
> finally slightly modified this paragraph so that it read:
> " - for the purpose of making interlibrary loans except
> in accordance with current copyright law and CONTU
> guidelines."
> The first modified contract now has passed Elsevier's Legal
> Department and was returned without further comments.
> Therefore, we have high hopes that all (modified) contracts
> will be approved.
> Current copyright typically favors copyright owners over users.
> We regard maintaining the balance between these rights
> as represented by ILL as an essential librarian's task in the
> digital age. The example mentioned above shows that librarians
> should continue to explain to publishers their reasons for not
> accepting particular paragraphs in contracts and thus work
> towards fair and acceptable settings also with regard to electronic
> publications. It is also hoped that other publishers follow the
> positive example Elsevier has given.
> Uta Grothkopf Ellen Bouton
> ESO Library NRAO Library
> esolib@eso.org library@nrao.edu

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