From: "Laughtin-Dunker, Kristin" <[log in to unmask]> Date: Mon, 5 Mar 2018 19:26:54 +0000 Yes, this happens to us on occasion in our discovery service, causing great confusion for our patrons until we find a note in one of the fields for the item record, usually near the bottom. In a few instances, the article has been accessible by going into the database directly, just not through the discovery service (e.g. it's available from Business Source Premier, but not from EBSCO Discovery Service even though both products are from the same vendor). It's annoying, but I'm thankful it's not *too* frequent. Kristin Laughtin-Dunker, MLIS Coordinator of Scholarly Communications & Electronic Resources Leatherby Libraries Chapman University ------------------------------ From: "Smith, Kevin L" <[log in to unmask]> Date: Fri, 2 Mar 2018 14:19:49 +0000 I think Tasini is an excellent analogy, since it too was fundamentally about a failure to license works in a way that allowed publication of those works in an aggregator. I am frequently bemused when Tasini is cited for the proposition that a publisher must obtain “electronic rights,” since the copyright law does not recognize any significant differences between analog and digital rights, except in regard to digital transmission of sound recordings. What matters is not that a contract or license use the phrase “electronic rights,” but that the scope of the license is sufficient to allow republication (rights of reproduction and distribution) according to the terms of whatever agreements the publisher has with aggregators. The NY Times did not have licenses that were broad enough to allow use in Lexis-Nexis (as it was then), with whom NYT had a contract. The Times tried to rely on a provision in the copyright law (201(c))that allows a “revision” of a collective work, but the Supreme Court found that republication in Lexis was not a revision within the meaning of the act. No “electronic rights” *per se* here, but a reminder of the need for careful licensing that takes account of other agreements and future possibilities (many of which certainly will be digital). Thanks for making a very relevant connection. Kevin Kevin L. Smith, J.D. Dean of Libraries University of Kansas From: Janet Stewart <[log in to unmask]> Date: Thu, 1 Mar 2018 04:45:34 +0000 This situation sounds similar to the 2001 Tasini Decision that affected online versions of the New York Times and other newspapers. That decision as many of you know prevented those newspapers from including some free lance articles in their online versions since those authors had not given permission for such use. It has affected certain years of the NYT and other papers in that I have come across such articles that could not be found in the online versions of the papers. Back to the microfilm versions for those articles. I believe that now the papers make sure to get that permission when contracting with free lancers. Janet Stewart ------------------------------ From: "Smith, Kevin L" <[log in to unmask]> Date: Tue, 27 Feb 2018 15:18:50 +0000 Based on this limited information, this sounds like a failure of licensing, and should not be a common occurrence. There is no reason, in principle, why an article for which the author retains copyright should not appear in an aggregator database. The publisher, presumably, stands between the author and the aggregator; they negotiate with both the author and the aggregator. If an author wants to retain copyright, the publisher should be negotiating a license to publish with that author that takes account of their agreements with any aggregators. Perhaps the author was unwilling to allow republication in an aggregator, but it is hard to see why they would be. This seems like it is fundamentally the publisher’s responsibility, as the party to both agreements. Kevin Smith On Feb 26, 2018, at 6:51 PM, LIBLICENSE <[log in to unmask]> wrote: From: Ann Shumelda Okerson <[log in to unmask]> Date: Mon, 26 Feb 2018 11:29:50 -0500 Sarah Taylor has kindly permitted us to forward this message to liblicense-l readers. It's an interesting topic. And the journal referenced is: *International Journal of Mentoring and Coaching in Education*. ---------- Forwarded message ---------- From: Taylor, Sarah <[log in to unmask]> Date: Mon, Feb 26, 2018 at 10:43 AM Subject: [lis-e-resources] Author assigned copyright = no access? To: [log in to unmask] Hi all, Has anyone else come across a situation whereby an aggregator has not been able to provide full text access to a single article in a journal issue because the author has retained copyright? I honestly don’t think I have (until this morning!) and am slightly concerned that this might be a common occurrence. Thanks. Best wishes, Sarah Sarah Taylor Electronic Resources Librarian The Peter Marsh Library University of Bolton Deane Road Bolton BL3 5AB 01204 903099 [log in to unmask]