From: "Sowards, Steve" <[log in to unmask]> Date: Mon, 19 Nov 2012 14:00:43 +0000 Thanks for putting this defect front and center. I have had to say 'no' to multiple otherwise interesting e-book offers in the last two years, over this same issue: publisher insistence that libraries waive our legal right to ILL. This is especially galling when it comes to university presses: one would have hoped that we would be on the same side, namely, in favor of disseminating information. Money talks, when it comes to publishers: if libraries refuse these offers (and state plainly why they are doing so), publishers will hear the message. Steven Sowards Associate Director for Collections Michigan State University Libraries 366 W. Circle Drive East Lansing MI 48824 -----Original Message----- From: "Hulbert, Linda A." <[log in to unmask]> Date: Fri, 16 Nov 2012 15:33:46 +0000 Books at JSTOR is coming on line and I hate to rain on its parade. It's a terrific ebook product, I'm sure. The book content will be discoverable in the database that faculty use and to which they direct their students. If the book is in there and the user finds a citation to it from a JSTOR book or journal, the user can get to the book. They have listened to libraries for acquisition methods offering the books to be purchased book by book, narrowly described subject, broadly described subject, the whole collection or DDA. They are using the same tiers they've developed for journals for pricing. JSTOR is that trusted source of archival materials and they have arranged for archival preservation. Libraries have given them their content for digitizing. And libraries send 10s of thousands of dollars to them every year. Books at JSTOR will include the fine quality publications of our university presses and institutes. However, if I buy that same book through my book vendor (should it continue to be offered that way), I've negotiated the right to interlibrary loan - keeping my institution's fair use. I know that ILL is inefficient and potentially more expensive for ebooks than other methods of accessing them (I don't need a response from colleagues telling me I'm stupid for trying to maintain fair use for ebooks). I believe in time the marketplace may direct me to the short-term loan as a more efficient and less expensive model - but I want that choice and that choice is gone in Books at JSTOR. There is NO ILL. Period. Not a paragraph, not a chapter, not 10% of the book. When I sign the license to buy an ebook from Books at JSTOR, I cede Fair Use. The folks at JSTOR don't mention that in their literature and it's the last thing on the webinar. We abandon the Fair Use doctrine at our own peril. We decide that our user needs are paramount and we're not going to worry about that so that we can get them this terrific content today, at our future peril. As we move more and more to the e-choice for books, we make more and more less available to our borrowing partners and they to us. I encourage my colleagues to put pressure on JSTOR to go back to the drawing board and renegotiate ILL rights for purchasers. I encourage librarians to go back to their University presses and encourage them to allow ILL and favorable rights for our publishing scholars. Linda Linda Hulbert, Associate Director Collection Management and Services O'Shaughnessy-Frey Library #5004 University of Saint Thomas St. Paul, MN 55105 email: [log in to unmask]