ILL Rights in License Agreements

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• August 4, 2004 @ 7:55amCatherine says:

  If a license agreement for a full-text online journal product is silent on the issue of ILL (simply doesn't mention or address ILL), is it okay to assume that ILL is allowed?
• August 5, 2004 @ 9:54amphoon says:

  The library's rights under Section 108 (which is where ILL derives from) and Section 107 (fair use) - as well as all other Title 17 (Copyright Act) provisions exist whether or not they are explicitly stated. BUT - you can contract away those rights via a license agreement. You need to review all the terms of this license, particularly the "prohibited" uses section, to determine whether or not you have limited your own rights.
  
  Having said that, it's not a bad idea to insert something like the following into the license: "Nothing in this Agreement shall limit the rights of the Subscriber or an Authorized User to make a fair use, or otherwise exercise rights under the copyright act and case law, of the Licensed Works."
  
  Peggy

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