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 [log in to unmask]