On Aug 24, 2017, 11:46 AM -0400, David P. Dillard <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
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[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

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Melissa Belvadi

Collections Librarian

University of Prince Edward Island

mbelvadi@upei.ca 902-566-0581

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