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From:
LIBLICENSE <[log in to unmask]>
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LibLicense-L Discussion Forum <[log in to unmask]>
Date:
Tue, 12 Jun 2018 17:27:01 -0400
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From: Michelle Polchow <[log in to unmask]>
Date: Tue, 12 Jun 2018 20:52:02 +0000

I’d add that CONTU is a set of guidelines issued in the 1970s pertains to
sending print hard copy via secure transmission.  Today’s digital ILL
environment has capabilities which were unimagined when CONTU was written.
Currently, libraries may be more likely to work with fixed digital formats
using controlled access systems of file exchange.  So CONTU is like fitting
a square peg into a round hole, as it assumes a printed hard copy is being
transmitted, now adding an extra step, if a digital file is readily
available.  Relying on the libraries’ broad rights within Copyright Law, in
light of technology, is important to give leeway to responsibly use the
institutions’ exemptions to perform ILL.  Broad interpretation helps avoid
unnecessary complications that can become obsolete or difficult to
translate to new, as yet unimagined technology.  And as Cynthia mentions in
previous post, it also can become burdensome to administer.  A useful term
to incorporate into a license is “Licensee is permitted to fill
Interlibrary Loan requests in compliance with United State Copyright Law,
utilizing the current prevailing technology.”

Michelle



Michelle Polchow, MSLIS
Electronic Resources Librarian | Collection Development
George Mason University Libraries
4400 University Drive, MS 2 FL
Fairfax, VA  22030
Phone:  703-993-3714





From: "KRISTOF, CYNTHIA" <[log in to unmask]>

Date: Sun, 10 Jun 2018 22:20:58 +0000

Because CONTU is a set of guidelines with activities (such as tracking)
that concern the borrowing library. The lending library has a couple duties
in CONTU, too, but the weight is largely on the borrowing library. As you
know ILL sections of licences concern what libraries can do as lenders.
However, we can't control what the borrowing libraries do regarding CONTU
tracking... therefore, it's largely absurd to agree to it in a license and
potentially trouble. I know the potential trouble part is probably a long
shot. I just got done vacuuming, so I'm kind of wiped out, and this
probably isn't the best explanation!

Maybe others can add to this? I hope this helps.


------------------------------



From: Rachel Becker <[log in to unmask]>

Date: Sat, 9 Jun 2018 15:16:32 +0000

Hi Cindy,

Can you expand on why you recommend not including CONTU guidelines in
licenses?

Thank you!

Rachel Becker
Electronic Resources Management Librarian
University of Wisconsin – Madison

________________________________

From: "KRISTOF, CYNTHIA" <[log in to unmask]>
Date: Thu, 7 Jun 2018 15:30:59 +0000

I would highly recommend leaving CONTU out of licenses altogether.

Leaving in secure electronic transmission or something to that effect is
fine.

Best,

Cindy Kristof
Head, Copyright and Document Services & Associate Professor
Kent State University Libraries
1125 Risman Drive
Kent, OH 44242-0001
330-672-1641
[log in to unmask]


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