From: Erin Gallagher <[log in to unmask]>
Date: Wed, 6 Aug 2014 13:32:25 +0000
Subject: ILL restrictions in PsycTHERAPY license

Good morning, everyone.

I want to thank those of you who responded to my query on negotiating
ILL allowances for APA’s PsycTHERAPY.  We have not been successful in
our attempts, but our faculty would like us to go ahead with a trial
this fall anyway.  This seems to be the ongoing Saga of the Rock and
the Hard Place for those of us in licensing:  do we sacrifice access
to content for the sake of upholding our core principles of
cooperative borrowing?  In this case, we have presented the faculty
with options and they feel that we should proceed with the trial.
Alone, it is doubtful that we have the bargaining power to push back
too far with APA on this one, even though we find their argument to be
illogical.

As streaming video replaces traditional purchasing of content in DVD
and VHS, it would serve providers well to treat this format with less
of a “land grab” mentality.

Thank you,

Erin

Erin Gallagher
Electronic Resources & Serials Librarian
Olin Library
Rollins College
Winter Park, FL 32789
[log in to unmask]

*******

Hi Erin,

I negotiated (or at least tried to ) this license during my previous
post as the E-resources Librarian at UBC Library, and I found APA to
be generally difficult and unyielding.

In the end, ILL was not allowed, and if I recall correctly I think I
ended up having to get legal counsel to review the indemnification
clause that APA wouldn't budge on either.

Here's UBC's public permissions record for PsycTHERAPY.

http://licenses.library.ubc.ca/AmericanPsychologicalAssociation_PsycTHERAPY

I hope this helps.

cheers,

Teresa

*******

Hi Erin,

We ordered PsychTESTS from APA and couldn't get ILL for that either.
We subscribed anyway because there was such high faculty & grad
student demand, and the selector didn't think the terms omitted were
necessary.  Here is what she said:

This is a database containing the full text of tests/surveys (most
records contain the actual instruments) with links to reviews and
articles about the tests/surveys. The database contains the full text
of the test/survey instruments but not the full text of the reviews
and articles so it seems like this particular resource is more
analogous a data product than a full text article database. The data
in this resource primarily supports research not teaching so I am not
really surprised that there is a limitation on ILL, e-reserves and
course packs.

We were told that the authors of the various tests gave them only
limited rights (which is why we couldn't get perpetual access either).
Here is the breakdown that the APA rep sent me:

Hi Diane:  I did some searching on the PsycTESTS database and the
permissions are laid out as such:

Permissions given for educational and research: 8818 tests

Contact Corresponding author: 404

Contact Corresponding publisher: 1354

Contact Corresponding author and publisher: 1390

Not specified: 13

I didn’t ask which authors or publishers we wouldn’t have to contact,
since that would be too hard to code in our ERM.

Good luck, though.  Please let me know if you succeed.

Best,

Diane

Diane Gurman
Scholarly Communication and Licensing Librarian
UCLA
Los Angeles, CA 90095-1575

*******

You won't be able to negotiate for ILL.  These are videos of actual
client-therapist sessions and the participants have only given
permission for the recordings to be shown to "a mental health
professional, a mental health professional in training, or as part of
other relevant educational courses or assignments (including
in-service training)."

Before viewing the videos, you have to accept a click through that
includes that information and more, including, " You will respect the
videos and their content by viewing the videos in as private an
environment as reasonably possible, out of sight or hearing of
unauthorized viewers to the maximum degree possible."

I'm surprised the license doesn't restrict the resource to only some
of your population.

Heather Cannon, M.L.I.S.
Technical Services Librarian
Adler School of Professional Psychology
Chicago, IL 60602
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________________________________________

From: Erin Gallagher <[log in to unmask]>
Date: Thu, 24 Jul 2014 15:38:48 +0000

Hello, everyone.

We are considering a subscription to APA’s PsycTHERAPY database.
While most other APA products allow for ILL with the expected
non-commercial usage restrictions, the license for PsycTHERAPY states
the following:

"The use of the Licensed Materials for Interlibrary Lending is
prohibited.  The licensee may not remove transcripts, transcript
excerpts, images, or audio from any of the Licensed Materials and
separately distribute them."

Our attempts to negotiate ILL allowances have been stonewalled thus
far by their legal counsel.  Has anyone in this group had experience
with negotiating ILL for PsycTHERAPY?  Does anyone have advice for our
next steps?  If our only option is to not subscribe, we are prepared
to do so, but we would greatly appreciate your collective wisdom.
It’s also important to alert our community to issues like this that
may affect others.

Thank you,

Erin

Erin Gallagher
Electronic Resources & Serials Librarian
Olin Library
Rollins College
Winter Park, FL 32789
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