Marcia Tuttle, UNC-Chapel Hill, firstname.lastname@example.org, and Christie Degener, UNC-Chapel Hill Health Sciences Library, email@example.com
>From Marcia: Gordon & Breach and its associated publishers includes a "license to photo- copy" in the subscription price of each of its journals sold to libraries. A while back our primary vendor for Gordon & Breach journals suggested that the library might want to consider waiving this license. We were to ask the publisher for a copy of the waiver and return the forms to G&B if we wished. I called G&B and asked for the forms. Last month they arrived, one form for each title, to be filled out (10 lines on each form!) and re- turned. There was also a cover letter. I became confused when I read the material, and communications with colleagues only added to the confusion. Here is what the undated cover letter says: ----- ipd International Publishers Distributor Limited PO Box 90 Reading RG1 8JL United Kingdom Tel: +44 (0734) 560080 Fax: +44 (0734) 568211 Dear Ms. Tuttle Enclosed is the Photocopy License Waiver form you requested. To waive the Photocopy License for the journal volume offering set forth in the form, complete and sign the form and return it to us. We then shall issue a new proforma invoice to you if you order direct (otherwise to your subscription agent) reflecting the list price reduction that is granted in consideration of your waiver of the Photocopy License. There is an alternative means of waiving the photocopy license and reducing the list price. Instead of executing the Photocopy License Form you may, on written notice to us, mark the return copy of the original proforma invoice to reflect a list price reduction of $5 (or equivalent amount in the in- voiced currency) per volume in the offering. When we receive the return copy of the invoice and accompanying payment we shall enter on our records that the Photocopy License has been waived. If the Photocopy License has been waived by either of the above procedures and you wish to make copies beyond "fair use", as that term is understood in the United States, you must report such copying to the Copyright Clear- ance Center ("CCC") and make proper payment to the CCC. Sincerely yours Karen Elton Department Head Journal Fulfilment/Claims ---------- Now, here's what the actual form says (same letterhead): PHOTOCOPY LICENSE WAIVER for Academic Institution Subscribers Journal Offering: [volume(s) and title] This photocopy license waiver ("Waiver") is given by the undersigned sub- scriber ("Subscriber") for the consideration set forth below. The Waiver covers the volumes of the journal specified above ("Journal Offering"). The publisher of the Journal Offering has offered Subscriber a license ("Photocopy License") which permits multiple photocopying of single arti- cles for the internal study or research purposes of Subscriber. Subscriber has elected not to accept the Photocopy License and instead wishes to ob- tain a ten per cent (10%) reduction in the list price of the Journal Offer- ing. By accepting the reduction in the list price of the Journal Offering, Sub- scriber agrees not to photocopy or otherwise reproduce, or to permit any photocopying or other reproduction of, any part of the Journal Offering. Dated: Name of Academic Institution Subscriber Signature of Person Signing on Behalf of Subscriber Address of Subscriber Contact Numbers [I've omitted the lines they use to hold the subscriber information.] ----- The last paragraph of the form ("Waiver") seems to be a direct contradic- tion of the last paragraph of the covering letter. I must admit with some relief that my boss won't let me touch these waiver forms. However, I was curious about what others were doing. Some said that G&B had discontinued this plan, but if that were so, why would they send me the forms? Further investigation indicated that it was the publisher's "Subscriber Incentive Plan" that may have been discontinued. Christie Degener had also noticed the contradiction. ========================================================================== >From Christie Degener: When I recently cataloged a Harwood journal (_Receptors & Channels_), I noticed the odd "License to photocopy" statement on the inside back cover. I checked the other Harwood and Gordon & Breach titles we currently re- ceive, and found the same statement on three other G&B titles: _The Inter- national Journal of Environmental Studies. Section A, Environmental Stud- ies_; _Ecology of Food and Nutrition_; and _Connective Tissue Research_. As far as I can tell, the statement contradicts the other info you have re- ceived from Gordon & Breach. The following is from the most recent 1994 issues of these journals and includes their use of quotes around the words fair use: "LICENSE TO PHOTOCOPY. This publication and each of the articles contained herein are protected by copyright. The subscription rate for academic and corporate subscribers includes the Publisher's licensing fee which allows the subscriber photocopy privileges beyond the 'fair use' provision of most copyright laws. Please note, however, that the license does not extend to other kinds of copying such as copying for general distribution, for adver- tising or promotion purposes, for creating new collective works, for re- sale, or as agent, either express or implied, of another individual or company. A subscriber may apply to the Publisher for a waiver of the li- cense fee. For licensing information, please write to ...." Interestingly enough, 4 other Harwood and 2 other G&B titles that we cur- rently receive have a "Photocopy Licence" statement that is quite different from the one quoted above. Specifically, it lacks the language that allows copying beyond fair use and there is no mention of the option to waive the license fee. Here's this statement, again from 1994 issues: "PHOTOCOPY LICENCE. This publication and each of the articles contained herein are protected by copyright. The subscription price (other than for subscribers who are individuals) includes a fee for a Photocopy Licence which permits multiple photocopying of single articles for the internal study or research purposes of the subscriber. The Photocopy Licence is not available to individuals. The Photocopy Licence does not permit copying for any other purpose, such as copying for distribution to any third party (whether by sale, loan, gift or otherwise); as agent (express or implied) of any third party; for purposes of advertising or promotion; or to create collective or derivative works. All requests for permission to copy beyond the scope of the Photocopy Licence must be made to the Publisher. No copy- right licencing organization in any territory has authority to grant such permission on the Publisher's behalf. Any unauthorized reproduction, trans- mission or storage may result in civil or criminal liability." Since none of the titles examined stated the amount of the fee in the is- sues, I checked G&B catalogs to see if the fee was mentioned in them. I found one paragraph about it in the 1993 Journals Price List: Annual sub- scription rates for university, medical, and corporate libraries. I couldn't find the 1994 equivalent (if it exists) and I wonder if this statement is still in effect. On the last page, the following paragraph appears, including their use of capitalization: "LICENSE TO PHOTOCOPY. Library subscription rates listed herein include a license to photocopy beyond the FAIR USE provisions of the USA and most other national copyright laws. This license does not extend to other kinds of copying, such as copying for general distribution, for advertising or promotional purposes, for creating new collective works, or for resale. University and hospital libraries wishing to have this license waived with- out signing the Publisher's waiver form should self-deduct $5.00 per volume from their invoice. Such libraries will be recorded as limited photocopiers and will be renewed at the current subscription price less this deduction. Corporate and university libraries are entitled to an additional deduction upon signature of the Publisher's waiver form. Upon acceptance and confir- mation from the Publisher for the waiver, any copies which exceed the FAIR USE provisions will require payment to the Copyright Clearance Center. Please contact the Subscriptions Department at STBS for details and a copy of the license waiver form." There is a danger that libraries may be paying for something without being aware of it and for something they might not want. At the very least, the issues should clearly state the amount of the fee in the subscription in- formation, and we should still have the option to request that the fee be waived.
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