Readers might be interested to note that while Canada has a similar doctrine/law to Fair Use, called Fair Dealing here, the issue of it with regard to licenses is much murkier because the Supreme Court of Canada has handed down some recent decisions that suggest that Fair Dealing is a user right, possibly even a Charter right (kind of like a Constitutional right in the US) and as such, there is lively debate up here as to whether institutions can through contracts actually waive the Fair Dealing rights of their patrons.

FYI, we also aren't constrained by a "5 in 5" rule in our ILL processing. 

Melissa Belvadi
formerly a librarian in the US, now in Canada


On Thu, Aug 24, 2017 at 12:50 PM, Rick Anderson <rick.anderson@utah.edu> wrote:
The problem is that you can’t appeal to fair use as a defense if you’re in breach of a contract. If you’ve signed a license that says “we won’t let walk-in users access the database,” the terms of the license are what govern allowable use, even if the law would otherwise make access legal.

---
Rick Anderson
Assoc. Dean for Collections & Scholarly Communication
Marriott Library, University of Utah
Desk: (801) 587-9989
Cell: (801) 721-1687
rick.anderson@utah.edu






On 8/24/17, 9:32 AM, "Serials in Libraries Discussion Forum on behalf of David P. Dillard" <SERIALST@LISTSERV.NASIG.ORG on behalf of jwne@TEMPLE.EDU> wrote:

>
>
>
>This may be of help in this regard
>
>
>FAIR USE UNDER COPYRIGHT LAW
>
>
>https://sites.google.com/site/fairuseundercopyrightlaw/
>
>
>
>Sincerely,
>David Dillard
>Temple University
>(215) 204 - 4584
>jwne@temple.edu
>
>
>On Thu, 24 Aug 2017, Williams, Ginger wrote:
>
>>
>> No. I highly recommend that you read up on fair use. It’s governed by Section 107 of the Copyright
>> Act, which is designed to protect the rights of copyright holders (i.e., authors and the publishers
>> to whom they’ve assigned rights). Saying “fair use” does not give you a free pass to violate
>> contracts. Instead, you should be arguing to include a fair use clause in your contracts; however,
>> even a fair use clause only provides limited rights. More information on fair use is available at
>> https://www.copyright.gov/fair-use/more-info.html. Please do some reading.
>>
>>
>>
>> Ginger
>>
>>
>>
>> Virginia Kay Williams
>>
>> Head Acquisitions Librarian
>>
>> Texas State University
>>
>> (512)245-3009
>>
>> Vkw11@txstate.edu
>>
>>
>>
>>
>>
>>
>>
>> From: Serials in Libraries Discussion Forum [mailto:SERIALST@LISTSERV.NASIG.ORG] On Behalf Of
>> MSaunders@GALLERY.CA
>> Sent: Thursday, August 24, 2017 8:59 AM
>> To: SERIALST@LISTSERV.NASIG.ORG
>> Subject: Re: [SERIALST] question about digital serials access
>>
>>
>>
>> These agreements were set up by these companies to protect their profits. If someone uses a resource
>> and no one is profiting from it besides the publisher, wouldn’t that be considered fair use?
>>
>>
>>
>> From: Serials in Libraries Discussion Forum [mailto:SERIALST@LISTSERV.NASIG.ORG] On Behalf Of Judith
>> Koveleskie
>> Sent: August-24-17 9:31 AM
>> To: SERIALST@LISTSERV.NASIG.ORG
>> Subject: Re: [SERIALST] question about digital serials access
>>
>>
>>
>> Yes.  Absolutely wrong.
>>
>>
>> Judith A. Koveleskie, Serials Librarian
>> Seton Hill University, Reeves Memorial Library
>> 1 Seton Hill Drive, Greensburg, PA 15601-1548
>> 724-838-7828
>> This document may contain confidential information and is intended solely for the use of the
>> addressee. If you received it in error, please  contact the sender at once and destroy the document.
>> The document may contain information subject to restrictions of the Family Educational Rights and
>> Privacy and the Gramm-Leach-Bliley Acts. Such information may not be disclosed or used in any fashion
>> outside the scope of the service for which you are receiving the information.
>>
>>
>>
>> [uc?export=download&id=0B5sUK8L5L3h8cWpqaW1nYXdFUHc&revid=0B5sUK8L5L3h8SlNQRzJjK1ZubGFPS2phV215Wk0rR
>> EtxU21jPQ]
>>
>>
>>
>> On Thu, Aug 24, 2017 at 9:21 AM, Bell, W Michael <Mike-Bell@utc.edu> wrote:
>>
>> Ethics aside, if you sign a contract you are legally obligated to abide by the agreement.  Ignoring
>> laws or rules you don’t like is more than merely unethical, it’s wrong.
>>
>>
>>
>>
>>
>> From: Serials in Libraries Discussion Forum [mailto:SERIALST@LISTSERV.NASIG.ORG] On Behalf Of
>> MSaunders@GALLERY.CA
>> Sent: Thursday, August 24, 2017 9:16 AM
>> To: SERIALST@LISTSERV.NASIG.ORG
>> Subject: Re: [SERIALST] question about digital serials access
>>
>>
>>
>> Are these publishers really being ethical. Or are they taking advantage?
>>
>>
>>
>> From: Serials in Libraries Discussion Forum [mailto:SERIALST@LISTSERV.NASIG.ORG] On Behalf Of Leslie
>> Burke
>> Sent: August-24-17 9:13 AM
>> To: SERIALST@LISTSERV.NASIG.ORG
>> Subject: Re: [SERIALST] question about digital serials access
>>
>>
>>
>> Ethics?
>>
>>
>>
>> Leslie D. Burke
>>
>> Collection Development & Digital Integration Librarian, Library
>>
>> Kalamazoo College
>>
>> 1200 Academy St
>>
>> Kalamazoo, MI 49006
>>
>> p 269.337.7144
>>
>> f 269.337.7395
>>
>> Leslie.Burke@kzoo.edu
>>
>> More in Four. More in a Lifetime.
>>
>> No one has to do everything, but everyone has to do something – What’s your Green Dot?
>>
>> LinkedIn: www.linkedin.com/in/leslieburke/
>>
>> Twitter: librarygal2go; K’s Library on Facebook: https://www.facebook.com/kalamazoocollegelibrary
>>
>>
>>
>> From: Serials in Libraries Discussion Forum [mailto:SERIALST@LISTSERV.NASIG.ORG] On Behalf Of
>> MSaunders@GALLERY.CA
>> Sent: Thursday, August 24, 2017 9:10 AM
>> To: SERIALST@LISTSERV.NASIG.ORG
>> Subject: Re: [SERIALST] question about digital serials access
>>
>>
>>
>> So, what if you break the rules? Give people access. If it isn’t greatly increasing your user
>> statistics, who’s going to know? Do you think the license police are going to show up? – just saying…
>>
>>
>>
>> From: Serials in Libraries Discussion Forum [mailto:SERIALST@LISTSERV.NASIG.ORG] On Behalf Of Leslie
>> Burke
>> Sent: August-24-17 9:04 AM
>> To: SERIALST@LISTSERV.NASIG.ORG
>> Subject: Re: [SERIALST] question about digital serials access
>>
>>
>>
>> I believe ours is set up that true walk-in guests have access to our resources on guest computers, so
>> they can’t get to institutional things other than public ones. If they are affiliated enough to get a
>> campus ID, then perhaps that would be what qualifies them as an “authorized user” under the terms of
>> the license. I think users can use our free/guest wi-fi which would put them in our IP range, but
>> they wouldn’t be connected to the campus network. The IP authentication however, would presumably
>> still put them in access to our resources, I think, as walk-ins.
>>
>>
>>
>> Leslie D. Burke
>>
>> Collection Development & Digital Integration Librarian, Library
>>
>> Kalamazoo College
>>
>> 1200 Academy St
>>
>> Kalamazoo, MI 49006
>>
>> p 269.337.7144
>>
>> f 269.337.7395
>>
>> Leslie.Burke@kzoo.edu
>>
>> More in Four. More in a Lifetime.
>>
>> No one has to do everything, but everyone has to do something – What’s your Green Dot?
>>
>> LinkedIn: www.linkedin.com/in/leslieburke/
>>
>> Twitter: librarygal2go; K’s Library on Facebook: https://www.facebook.com/kalamazoocollegelibrary
>>
>>
>>
>> From: Serials in Libraries Discussion Forum [mailto:SERIALST@LISTSERV.NASIG.ORG] On Behalf Of Cynthia
>> Harper
>> Sent: Thursday, August 24, 2017 8:57 AM
>> To: SERIALST@LISTSERV.NASIG.ORG
>> Subject: Re: [SERIALST] question about digital serials access
>>
>>
>>
>> So do others here see a problem with allowing access via the campus network on the campus IP
>> addresses to walk-ins?  Or is it typical for the campus network to be unavailable to walk-in users?
>> Is the issue whether licenses permit walk-ins, but define them as only on campus computers?
>>
>>
>>
>> Cindy
>>
>>
>>
>> From: Serials in Libraries Discussion Forum [mailto:SERIALST@LISTSERV.NASIG.ORG] On Behalf Of
>> Fastmail
>> Sent: Wednesday, August 23, 2017 9:35 PM
>> To: SERIALST@LISTSERV.NASIG.ORG
>> Subject: Re: [SERIALST] question about digital serials access
>>
>>
>>
>> Dear Michael,
>>
>> Thank you for your specific and detailed reply! This is enormously helpful. Do you think that a very
>> large university like Yale could offer a limited number of visitor cards, them call those users
>> “university affiliates” and allow them to access eresources from their own computers? My primary
>> interest is coming up with a realistic proposal (for a school project) that might eliminate the
>> inefficiency created by requiring that visiting scholar bring their own laptops and use eduRoam to
>> get a computer anywhere near special collections or comfortable seating, but then requiring that they
>> log in to a “home” library account to add money to that account in order to use a scanner or copier
>> (which is, of course, very expensive). Heaven forbid they want to print anything—that would require
>> using a separate computer belonging to the library. My understanding is that archives and special
>> collections the world over end up with people taking photographs with digital cameras, and when
>> that’s an easier solution, something is very wrong.
>>
>>
>>
>> I hope that makes some sense; librarians end up losing a lot of time to explaining an unnecessarily
>> difficult process, when you add it all up over the course of a year. As you say, the number of users
>> who visit is not large, compared to the total (students + faculty), and as long as they are have come
>> all the way to Yale to access its vast collections, it seems to me that there ought to be some way to
>> offer access to the ridiculous digital resources as well, especially given that Sterling Library is
>> moving towards an all-digital journal collection. I would limit this to users who are on campus, but
>> I do dream of allowing them to use their own computers. Do you think that’s at all realistic? Again,
>> I am sorry if this is obvious, but I have just begun my education.
>>
>>
>>
>> Thanks again,
>>
>> Anne-Marie
>>
>>
>> Anne-Marie Lindsey
>>
>> Library Science and Information Management
>>
>> iSchool at Syracuse University
>>
>>
>> On Aug 23, 2017, 12:34 PM -0400, Rodriguez, Michael <michael.a.rodriguez@UCONN.EDU>, wrote:
>>
>>       Hi Lindsey,
>>
>>
>>
>>       Once contractually permitted, alumni access privileges to eresources are easy to
>>       configure in EZproxy as long as the alumni category is clearly defined and consistently
>>       used in your university’s identity management system (typically CAS and/or LDAP). What
>>       our EZproxy service does at UConn, is query CAS to confirm that the user’s NetID is valid
>>       and then query LDAP to make sure that the NetID does not match one of the prohibited
>>       categories. We maintain separate LDAP categories for affiliated users and for alumni. We
>>       have a resource block in our Ezproxy configuration that prohibits affiliated user access
>>       to specific eresources. One of my long-term projects is to identify eresources whose
>>       licenses already permit alumni access (e.g., Project Muse) and then configure EZproxy to
>>       allow alumni access specifically to those eresources, which, again, EZproxy can do easily
>>       given a good university infrastructure.
>>
>>
>>
>>       Regarding licensing that permits affiliate and alumni, the LIBLICENSE Model License has
>>       excellent language specifically authorizing access by visiting scholars and independent
>>       contractors, as well as a nice flexible clause authorizing “any valid ID-holders,” which
>>       could be readily interpreted as meaning anyone with valid university credentials. But
>>       most vendors are very wary of extending access to alumni—understandably so—and you’d
>>       probably get legal pushback and/or price increases from most vendors if you attempted to
>>       interpret a license so as to extend alumni access. However, most of UConn’s eresource
>>       licenses explicitly permit access for “university affiliates,” who after all constitute a
>>       tiny, tiny fraction of our total FTE.
>>
>>
>>
>>       At my prevous organization, alumni access to eresources was funded out of the Alumni
>>       Association’s budget.
>>
>>
>>
>>       That may be garbled, but I hope it helps!
>>
>>
>>
>>       Regards,
>>
>>
>>
>>       Michael Rodriguez
>>
>>       Licensing/Acquisitions Librarian
>>
>>       University of Connecticut
>>
>>       369 Fairfield Way U-1005B | Storrs, CT 06269
>>
>>       michael.a.rodriguez@uconn.edu | 860-486-9325
>>
>>
>>
>>       From: Serials in Libraries Discussion Forum [mailto:SERIALST@LISTSERV.NASIG.ORG] On
>>       Behalf Of Melissa Belvadi
>>       Sent: Wednesday, August 23, 2017 11:30 AM
>>       To: SERIALST@LISTSERV.NASIG.ORG
>>       Subject: Re: [SERIALST] question about digital serials access
>>
>>
>>
>>       ​Start reading license agreements. Most explicitly deny this, some charge extra for it
>>       (whose budget would that come out of). It's not a technical/logistical issue, but a
>>       contractual one, and you have to analyze contract by contract AND then figure out how to
>>       provide that remote access to only the ones that are allowed and not the rest.  We tried
>>       this once and ended up setting up a second ezproxy server to handle it.  The project
>>       basically failed because the alumns who wanted access didn't want what we could provide
>>       but just the more expensive journals whose vendors would not allow alum access at all.​
>>
>>
>>
>> Melissa
>>
>>
>>
>> On Wed, Aug 23, 2017 at 11:58 AM, Fastmail <amlindsey@fastmail.com> wrote:
>>
>>       Hello everyone,
>>
>>       I am in my first term at the iSchool at Syracuse, so do forgive me if this question
>>       is naïve. I would like to know if it is possible to give unaffiliated users access
>>       to electronic serials at a very large academic library?
>>
>>
>>
>> I want to research the practicalities of implementing, for unaffiliated users such as
>> visiting scholars, a system similar to the alumni library cards universities like
>> Columbia and Yale have in place. I am an alumna of Barnard College, so I have friends
>> with Columbia library cards, and I live in New Haven with friends who work at Yale
>> Libraries, so I am also aware of Yale’s policies. Would it be possible to offer a paid
>> library card system for unaffiliated users that would also offer access to electronic
>> journals? Perhaps a limited number of these, to assure only a specific and measurable
>> increase in users to subscription serials? I am thinking specifically of a university
>> like Yale, where these cards and their users would constitute a very small number,
>> compared to the total number of users. My professor fears that vendors would not consider
>> this idea to be at all appealing, and would reject it out of hand. She suggested that I
>> contact members of this list, as you are the experts!
>>
>>
>>
>> Any ideas or suggestions would be incredibly helpful! I am at a stage in my research
>> where I can be very flexible, so please send anything and everything my way.
>>
>>
>>
>> Thanks in advance,
>>
>> Anne-Marie
>>
>>
>> Anne-Marie Lindsey
>>
>> Library Science and Information Management
>>
>> iSchool at Syracuse University
>>
>>
>>
>>
>>
>>
>> _____________________________________________________________________________________________________
>>
>>
>> To unsubscribe from the SERIALST list, click the following link:
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>>
>>
>>
>>
>> --
>>
>> Melissa Belvadi
>>
>> Collections Librarian
>>
>> University of Prince Edward Island
>>
>> mbelvadi@upei.ca 902-566-0581
>>
>>
>>
>>
>>
>>
>>
>>
>> _____________________________________________________________________________________________________
>>
>>
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>>
>>
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>>
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--
Melissa Belvadi
Collections Librarian
University of Prince Edward Island
mbelvadi@upei.ca 902-566-0581



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