From: Linda Schwartz <[log in to unmask]>
Date: Wed, 19 Sep 2012 06:45:11 -0400

Did not run into this yet with MDConsult but did run into it with both
Access Medicine and Access Surgery.

Linda Matula Schwartz, MDE
Director, Library Services
Lehigh Valley Health Network
Allentown, PA 18105

-----Original Message-----
From: Henrietta Thornton <[log in to unmask]>
Date: Tue, 18 Sep 2012 18:24:47 -0400

"So-called fair use provisions"? My jaw is on the floor.

Etta Thornton-Verma
Associate Editor, Reference at Library Journal and School Library Journal
New York, NY 10013
Email: [log in to unmask]


-----Original Message-----
From: "Shipley, Michele" <[log in to unmask]>
Date: Mon, 17 Sep 2012 14:15:17 -0400

Hi. This message is for all the medical librarians who license
electronic resources. I'm in the process of negotiating a new license
agreement for the University of Rochester's MD Consult subscription
and for the first time ever in my experience, the publisher's legal
department refuses to recognize the fair use exemption. Here's the
response I received from Elsevier's legal department:

Regarding Section 1.4, please note that the Fair Use provision was not
included in your original MD Consult agreement and cannot be included
in the renewal agreement either.  Per our legal department, the
authorized uses permitted under our subscription agreement are already
broad and clear and will not be altered or confused by reference to
so-called "fair use provisions" of the US Copyright Act or other laws.

Has anyone else run into this roadblock with MD Consult?  I would
appreciate learning about your experience and hearing any advice you
can offer.

Thanks. Michele

Michele Shipley, MLS
Assistant Director of Digital & Branch Libraries
Edward G. Miner Library
University of Rochester Medical Center
Rochester, NY 14642
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