Fair Use Policies in Statewide Databases
Interlibrary loan staff often receive requests for articles that are only available in licensed databases. While some licenses for the statewide products do restrict use, the following clarifications have been provided by the main aggregators of content to which we subscribe.
The electronic form of the Licensed Materials may be used as a source for ILL. Secure electronic transmission as used by Ariel or Prospero to fulfill ILL requests is permitted. Participating Libraries agree that copyright notices will be sent on all ILL transmissions. Fulfillment of Loansome DocR service requests is permitted. Non-secure electronic transmission of files is not permitted.
Ebsco Publishing does not have any intellectual property rights in the full text content included in the databases other than the right to include these articles in the databases. The intellectual property rights in the articles are controlled by the publisher. Users must abide by Copyright Act of 1976 as well as any contractual restrictions, copyright restrictions, or other restrictions provided by publishers and specified in the products.
Because the topics of electronic reserves, course packs and inter-library loan seem to come up more and more frequently, EP has come up with a policy on the subjects.
With regard to electronic reserves, it is OK for customers to use EBSCOhost articles for electronic reserves as long as they comply with copyright law and the policy of the subscribing library. Generally, it is acceptable to use one article per issue and to put it on electronic reserve for only one semester. Using more than one article per issue, or using an article for more than one semester, would require permission from the publisher.
With regard to course packs, customers may not use EBSCOhost content for course packs unless they first get permission from the publisher.
With regard to interlibrary loan, EBSCOhost products may be used for ILL unless ILL is specifically prohibited by the publisher in the copyright statement within an individual record.
Sample Copyright Statement
Copyright © 2016 by Shemp Howard; all rights reserved. No portion of this book may be reproduced or used in any manner without written permission of the publisher except for the use of quotations in a book review. Users may also print, download, or email article for individual use.
Due to publisher restrictions, ILL rights for Gale Virtual Reference Library (GVRL) and Eighteenth Century Collections Online (ECCO) are not allowed under the terms of our agreement with Gale. All other products [Gale Databases] contain no such restriction, therefore Wyoming libraries may use the Licensed Content to fill ILL requests from other institutions for purposes of research or private study but not for commercial use; under no circumstances may printed or electronically stored copies be offered for resale or redistribution other than as described here. As long as Wyoming libraries abide by the Interlibrary Loan Provision of
section 108 of the US Copyright Law and the CONTU Guidelines there are no further ILL issues.
Nothing in this agreement restricts your use of the materials contained within the Products under the doctrines of “fair use” or “fair dealing” as defined under the laws of the United States or England, respectively. e. Interlibrary Loan (ILL). Interlibrary Loan of materials retrieved from the Products is allowed provided that the loan is not done in a manner or magnitude that would replace the recipient library’s own subscription to either the Products or the purchase of the underlying Work (e.g., newspaper, magazine or book), and that you comply with any special terms imposed by specific content providers or licensors as required under Section 6(c). With respect to our ProQuest(r) Dissertations & Theses product and other electronic archives such as Early English Books Online, Interlibrary Loan is restricted to one printed copy of the specifically requested dissertation, book or pamphlet loaned out at any one time.