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ILL Provisions in VIVA's Contracts for Full Text Resources

This page provides a brief summary of the contract provisions for the VIVA Full Text Resources regarding our ability to use these resources for interlibrary lending in either the direct electronic form or in printed version from the electronic form. These contract periods and provisions are, of course, subject to change. Implicit is the responsibility of each member library to protect our licenses and to follow the CONTU Guidelines in using these full text resources for interlibrary loans.

In general, the majority of VIVA licenses allow electronic interlibrary loan via secure systems such as Odyssey, Ariel or other secure transmission.  E-mail is not an approved secure mechanism and is not allowed under VIVA contracts.

Any further questions about VIVA contracts should be directed to Anne Osterman, the VIVA Director, or to the VIVA Procurement Officer

SUMMARY OF CHART

Please review each product's specific provisions as excerpted below before
making any decisions about handling document delivery.

   
Send secure electronic copy
Send secure electronic copy with restrictions
Print then send secure electronic
Print then mail or fax ILL prohibited N/A
American Mathematical Society American Chemical Society (non-commercial only)
Factiva Dissertations & Theses Full Text Academic Press IDEAL Archives (January 1, 1996- December 31, 2002) Mergent
Annual Reviews Brill (non-commercial only)     Safari Tech Books  
APA (PsycARTICLES, PsycBOOKS) Cambridge U Press (January 1, 2001- December 31, 2007) (North America and non-commercial only)     Ebook Library (EBL DDA Plan) 
Association of Computing Machinery Digital Library Ebrary Academic: Science & Technology (chapter-level only)
      
BioOne Elsevier (chapter-level, United States only, non-commercial only)        
Chadwyck Literature Collections IEEE (non-commercial, academic only)       
Duke University Press (January 1, 2005- December 31, 2007) IOP Journals (non-commercial only, United States only) and e-books (chapter-level, non-commercial only, United States only)       
EBSCOhost New England Journal of Medicine (United States only, non-commercial only)       
FIAF Oxford University Press (United States only for journals, non-commercial only)       
HarpWeek Springer (chapter-level, non-commercial only)       
HighWire Science (non-commercial only)       
Nature Wiley Online Library (non-commercial only, not for unpurchased ebooks)       
Ovid (LWW)         
Project Muse         
ProQuest SciTech Collection         
Taylor & Francis         

 

Academic Press IDEAL Archives (VIVA's January 1, 1996- December 31, 2002 subscription)

NO ILL from Electronic Form. You can only use the print copies of your paper subscriptions for ILL. (Institutions that have continued their subscription to Academic Press titles with Elsevier will need to check their new contracts.

American Chemical Society (January 1 - December 31)

YES, send secure electronic copy, non-commercial only: "5.b. Except as set forth in Prohibited Uses herein, Grantee may use the ACS Products to fulfill requests for Interlibrary Loans ("ILL"). ILLs are permitted to support non-commercial scholarly research by patrson of other libraries such as public, school, or college libraries. Grantee may obtain a copy of an individual article, individual book chapters, proceedings, Reagent Chemicals monographs, or other individual items from the ACS Products in PDF format (Portable Document Format) and transmit it to the ILL requesting Library by mail, fax, or electronic transmission. Grantee agress to fulfill such requests in accordance wtih Sections 107 and 108 of the U.S. Copyright Act and within CONTU guidelines."

American Mathematical Society: Perpetual Access Content

YES, send secure electronic copy: "2. Interlibrary Loan. Institutions may use hard copies derived from the electronic edition of the publications for the purpose of interlibrary loan with the same limitations that apply to copies for that purpose made from the print edition of the journals. Specifically, copies must be made in compliance with Section 108 of the Copyright Act of the U.S. and be within the CONTU guidelines. Authorized users who do print articles must maintain all copyright and other notices on the printed articles. The AMS considers ARIEL to be a hard copy transmission."
Electronic reserves: "1.f. Electronic Reserve. Licensee and Authorized Users may use a reasonable portion of the Licensed Materials for use in connection with specific courses of instruction offered by Licensee and/or its parent institution."

Annual Reviews (January 1 - December 31)

YES, send secure electronic copy: you can use the digital form or print from it for ILL: "The Subscriber's Authorized Users may download and print articles for personal use and archive contents on their own personal computers. They may send one copy by email, print, or fax to one person at another location for that individual's personal use. Facsimile images that are exact representations of the print pages or of printouts from the electronic database may be provided for interlibrary loan under CONTU guidelines and distributed in paper, fax, or digital form. Libraries may include copies of AR digital content in local electronic course reserve systems limited to use of Authorized Users of current classes."

APA (PsycARTICLES, PsycBOOKS) (September 1 - August 31)

YES, send secure electronic copy: Contract with the American Psychological Association, RFP effective September 1, 2010.  Email from Neil Lader to Iris Moubray, March 1, 2010, part of RFP and contract:  "Interlibrary Loan.  Licensee agrees to fulfill such requests in compliance with Section 108 of the United States Copyright Law (17 USC Section 108, "Limitations on exclusive rights:  Reproduction by libraries and archives") and clause 3 of the Guidelines for the Proviso of Subsection 108(g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works.  Requests may be filled with paper copies or by using Interlibrary Loan systems that send images only."

"Ariel and Odyssey deliver flat images; therefore, they are acceptable to APA.  We are aware that most libraries use these systems for ILL."

"APA's ILL policy pertains only to databases containing full text.  It does not apply for PsycINFO."  -- RFP. p. 234.  Section C1.b.

RFP Section C.2.b.  VIVA Requirement:  Describe permitted uses for creating and using course packs, electronic reserves, learning objects, or course management systems (such as Blackboard).

APA Response:  VIVA member institutions may incorporate parts of the databases in electronic course packs, course management systems, and electronic reserve collection for the use by their authorized users in a particular course of instruction at the institution.  Each item shall carry appropriate acknowledgment of the source, listing title and author of the extract, title and author of the work, and the publisher.  Access to materials is to be controlled by security measures, such as IP authentication or the use of authorized passwords.  Access should be made available only authorized users.  Member institutions should delete copies of course content when they are no longer used for a particular course.  Course packs in non-electronic non-print perceptible form, such as audio or Braille, may also be offered to authorized users who are visually impaired.  "Permission for other reproduction should be sought from the Publisher, via the APA Permissions Office.  Permitted uses in these instances pertain only to databases containing full text.  They do not apply for PsycINFO.  Use in printed (hard copy) or CD-ROM versions of Course Packs, Commercial Use, or Re-sale is not permitted."


Association of Computing Machinery Digital Library (September 1- August 31)

YES, send secure electronic copy: "The contractor permits Interlibrary Loan of ACM Digital Library articles by the VIVA member libraries, within the CONTU guidelines. DL articles may be included in electronic reserves and online courses for authorized users."

BioOne (August 1 - July 31)

YES, send secure electronic copy: you can use the digital form or print from it for ILL: 3.1 The Licensee may, subject to Para. 4 below: ... 3.1.5 Provide interlibrary loans.

Brill (Purchase)

YES, send secure electronic copy, non-commercial only: "4.1 The Licensee may, subject to clause 6 below, supply to other institutions, whether by post or fax or secure transmission, using Ariel is its equivalent, for the purposes of research or private study and not for Commercial Use, individual chapters or whole ebooks, including all of their chapters."

Cambridge University Press Journals (January 1, 2001 - December 31, 2007)

YES, send secure electronic copy, North America only, non-commercial only: "4.1 Members may, subject to clause 6 below, supply to the library of an institution that is not a member of the Consortium but is within North America (whether by post, fax or secure transmission, using Ariel or its equivalent, whereby the electronic file is deleted immediately after printing), for the purposes of individual research or private study by an Authorised user of the library and not for Commerical Use, a single paper copy of an individual document being part of the Licensed Materials."

5. Course Packs and Electronic Reserve

5.1 Members may, subject to clause 6 below, incorporate parts of the Licensed Materials in Electronic Course Packs and Electronic Reserve collections for the use of Authorised Users in the course of instruction at a Member's institution, but not for Commercial Use. Each such item shall carry appropriate acknowledgement of the source, listing title and author of the extract, title and author of the work, copyright notice, and the publisher. Copies of such items shall be deleted by the Member when they are no longer used for such purpose. Course packs in non-electronic non-print perceptible form, such as audio or Braille, may also be offered to authorised Users who, in the reasonable opinion of the Member, are visually impaired.

Chadwyck Literature Collections (August 1-July 31)

Yes, send secure electronic copy: "Interlibrary Loan (ILL).  A VIVA Member Institution may loan digital or print copies of materials retrieved from the Service to other libraries, provided that (i) loans are not done in a manner or magnitude that would replace the receiving library’s own subscription to the Service or purchase of the underlying work (e.g., newspaper, magazine, book), (ii) a VIVA Member Institution complies with any special terms governing specific content or licensors as described in this Agreement, (iii) with respect to e-books, copying is limited to small portions of a book, and (iv) a VIVA Member Institution must comply with applicable laws and regulations regarding  interlibrary loan."

Dissertations & Theses Full Text (September 21 - September 20)

YES, but you must print then mail or fax: "RFP # M-353 - December 3, 2007. G. Fair Use and Copyright Policy.  b. The contractor shall describe any restrictions on interlibrary loan of content of the database. "...interlibrary loan is restricted to one print copy of the specifically requested dissertation, book or pamphlet loaned out at any one time."

Duke U Press Journals (January 1, 2005 - December 31, 2007)

YES, send secure electronic copy: "3.1 The Licensee may, subject to Para. 4 below:
"3.1.5 Provide interlibrary loans. Licensee may fulfill requests from other institutions, a practice commonly called Interlibrary Loan. Licensee agrees to fulfill such requests in compliance with Section 108 of the United States Copyright Law (17 USC 108, "Limitations on exclusive rights: Reproduction by libraries and archives") and clause 3 of the Guidelines for the Proviso of Subsection 108 (g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works, as applicable to hard copy transmission only. The use of ARIEL (or its equivalent) for Interlibrary Loan is considered to be a hard copy transmission."

Ebook Library (EBL DDA Plan)

No interlibrary loan is allowed.

Ebrary Academic: Science & Technology (January 1 - December 31)

YES, send secure electronic copy, chapter-level only: "Interlibrary Loan (ILL). Library Customer may loan digital or print copies of materials retrieved from the Service to other libraries, provided that (i) loans are not done in a manner or magnitude that would replace the receiving library’s own subscription to the Service or purchase of the underlying work (e.g., newspaper, magazine, book), (ii) Customer complies with any special terms governing specific content or licensors as described in this Agreement, (iii) with respect to e-books, copying is limited to the chapter level, and (iv) Customer must comply with applicable laws and regulations regarding interlibrary loan."

EBSCOhost (July 1 - June 30)

YES, send secure electronic copy: G.1.b. With regard to interlibrary loan, EBSCOhost products may be used for ILL unless ILL is specifically prohibited by the publisher in the copyright statement within an individual record.

Elsevier (Purchase)

YES, send secure electronic copy, chapter-level, United States only, non-commercial only: “1.3.2  Provide Interlibrary Loan
The Subscriber may deliver book chapters from the Subscribed Products to fulfill requests as part of the practice commonly known as ‘interlibrary loan’ from non-commercial libraries located within the United States, provided that the Subscriber’s staff reviews the requests and fulfills the requests in compliance with Section 108 of the U.S. Copyright Law (17 U.S.C. $108) and the Guidelines for the Proviso of Subsection 108(g)(2) (Final Report of the National Commission on New Technological Uses of Copyrighted Works, 1978).”

 Factiva (October 1 - September 30)

YES, but you must print then send secure electronic copy: “Licensee may fulfill occasional and infrequent requests from other institutions, a practice commonly called Interlibrary Loan.  These requests may only be filled with limited printed material on an occasional and infrequent basis.  There will be no sharing of passwords in order to fulfill a request

(1) Upon an adequate consideration from the Licensor, Licensee agrees to maintain records respecting Licensee’s use of Materials in such Interlibrary Loans and to provide such records to Licensor upon request.

(2) Licensee agrees to fulfill such requests in compliance with Section 108 of the United States Copyright Law (17 USC$108, ‘Limitations on exclusive rights: Reproduction by libraries and archives’) and the Guidelines for the Proviso of Subsection 108(2g)(2) prepared by the National Commission on New Technological Uses of Copyrighted Works.”

FIAF, International Index to Film Periodicals Plus (August 1-July 31)

Yes, send secure electronic copy: "Interlibrary Loan (ILL).  A VIVA Member Institution may loan digital or print copies of materials retrieved from the Service to other libraries, provided that (i) loans are not done in a manner or magnitude that would replace the receiving library’s own subscription to the Service or purchase of the underlying work (e.g., newspaper, magazine, book), (ii) a VIVA Member Institution complies with any special terms governing specific content or licensors as described in this Agreement, (iii) with respect to e-books, copying is limited to small portions of a book, and (iv) a VIVA Member Institution must comply with applicable laws and regulations regarding  interlibrary loan."

HarpWeek (Purchase)

YES, send secure electronic copy: Authorized Users may: "operate the Software to display, download, post on the Internet and/or print the Content, subject to the limitation of Fair Use pursuant to the Copyright Act. All downloading, printing, posting on the Internet or other usage in excess of Fair Use requires PRIOR written permission from HarpWeek."

HighWire (January 1 - December 31)

YES, send secure electronic copy: "General use consistent with U.S. Copyright law governing Fair Use. Use of materials for interlibrary loan and course packs. "

IEEE (December 30 - December 29)

YES, send secure electronic copy, non-commercial only, academic only: 3. b (6) "as part of the practice commonly known as "interlibrary loan, deliver a reasonable number of copies of Articles (including through use of Ariel or a substantially similar interlibrary loan transmission software) to fulfill requests from non-commercial, academic libraries provided, however, that such practice: {i) complies with Section 108 of the U.S. Copyright Act and the guidelines developed by the National Commission on New Technological Uses of Copyrighted Works {CONTU Guidelines); {ii) does not result in systematic reproduction of the Licensed Products, any journal or issue of a journal, any Article, or any portion of the foregoing; and {iii) must not be used for any IEEE Standards."

Institute of Physics

-Journals (December 1 - November 30)

YES, send secure electronic copy, non-commercial only, United States only:

Schedule 1, Section 5: "No text accessed via the Service may be made available to non-Authorised Users, either for commercial reward or free of charge, except that for inter-library loan purposes an electronic copy may be made and sent to a library in the same country as the Member under fair dealing/use exemptions using secure transmission via Ariel or ILLiad (or their equivalent) whereby that electronic file is deleted immediately after distribution to the user. Such supply must be for the purpose of research or private study and not for commercial use or onward transmission or distribution. In the USA, such copies may only be made in compliance wlth Section 108 of the Copyright Act of the USA and within CONTU guidelines."

-E-books

YES, send secure electronic copy, chapter-level, non-commercial only, United States only:

Schedule 1, section 5: "No text accessed via the Service may be made available to non-Authorised Users, either for commercial reward or free of charge, except that for inter-library loan purposes an electronic copy of a chapter of a Title may be made and sent to a library in the same country as the Member under fair dealing/use exemptions using secure transmission via Ariel or Illiad (or their equivalent) whereby that electronic file is deleted immediately after distribution to the user. Such supply must be for the purpose of research or private study and not for commercial use or onward transmission or distribution. In the USA, such copies may only be made in compliance wlth Section 108 of the Copyright Act of the USA and within CONTU guidelines."

Nature (July 1 - June 30)

YES, send secure electronic copy: "Institutions may use hard copies derived from the electronic edition of the publications for the purpose of interlibrary loan with the same limitations that apply to copies for that purpose made from the print edition of the journals. Specifically, copies must be made in compliance with Section 108 of the Copyright Act of the U.S. and be within the CONTU guidelines. Authorized users who do print articles must maintain all copyright and other notices on the printed articles. Nature considers ARIEL to be a hard copy transmission."

NEJM (July 1 - June 30)

YES, send secure electronic copy, non-commercial only, United States only: "On occasion supply single copies of articles from the subscribed Products to a noncommercial library located in the same country as Licensee by post, facsimile or digital transmission to fulfill requests for InterLibrary Loan ("ILL"), provided such use is in accordance with applicable copyright law and Subscriber's ILL procedures. "

Ovid/LWW Opt-In Journals

YES, send secure electronic copy: "Permitted Uses of Interlibrary Loan of Content: Authorized Users may for interlibrary (“ILL”)
purposes, fulfill requests from other libraries using paper means or via secure electronic transmission through Ariel or its equivalent through Subscriber’s traditional ILL policies and procedures and in compliance with Section 108 of the United States Copyright Act.

Oxford University Press

-Journals (January 1 - December 31)

YES, send secure electronic copy, United States only, non-commercial only: "5.5 Under the terms of this Site License, the Licensee is granted the non-exclusive right to supply (whether by post, fax or secure electronic transmission, using Ariel or its equivalent, whereby the electronic file is deleted immediately after print) to an authorized user of another USA academic library or USA library which is part of a non-commercial organization, for the purposes of research or private study and not for commercial use, a single paper copy of an electronic original or an individual document from a journal for which a subscription has been paid at the full current subscription rate, in compliance with Section 108 of the United State Copyright Law (17 USC Section 208, "Limitations on exclusive rights: Reproduction by libraries and archives") and with guidelines developed by the National Commission on New Technological Uses of Copyrighted Works (CONTU Guidelines).... In the event that OUP requests records on the Licensee's use of OUP materials for InterLibrary Loans, the Licensee will begin keeping such records, reporting annually in a mutually agreeable format and provided that confidentiality of patron data shall be maintained.

-OSO and UPSO E-books (purchase)

YES, send secure electronic copy, non-commercial only: "2.4. Fulfill requests from other libraries, in print format or by secure electronic transmission, including OCLC Article Exchange, Ariel, Odyssey, and/or ILLiad interlibrary loan software systems, individual chapters or whole ebooks from the Licensed Works (including a single file created by the lending library from the chapter pdfs that comprise a given title) for scholarly, personal, educational, or scientific research or professional use, but in no case for resale or other Commercial Use, and provided that the relevant copyright notices and appropriate credit information are also transmitted."

Project Muse (January 1 - December 31)

YES, send secure electronic copy: "Facsimile images that are exact representations of the print journal pages or of printouts from the electronic database may be provided for interlibrary loan under CONTU guidelines and distributed in paper, fax, or digital form."


ProQuest SciTech Collection (January 1 - December 31)

YES, send secure electronic copy: "Interlibrary Loan (ILL). Library Customer may loan digital or print copies of materials retrieved from the Service to other libraries, provided that (i) loans are not done in a manner or magnitude that would replace the receiving library’s own subscription to the Service or purchase of the underlying work (e.g., newspaper, magazine, book), (ii) Customer complies with any special terms governing specific content or licensors as described in this Agreement, (iii) with respect to e-books, copying is limited to the chapter level, and (iv) Customer must comply with applicable laws and regulations regarding interlibrary loan." [E-book reference is for Ebrary Academic, which is on the same license.]

Safari Tech Books (July 1 - June 30)

No interlibrary loan is allowed.

 SCIENCE (April 1 - March 31)

YES, send secure electronic copy, non-commercial only: "4.2.9 Practice Inter Library Loan (ILL) of articles or components of the Licensed Materials for noncommercial use in compliance with Section 108 of the United States Copyright Law (17 USC 108, 'limitations on exclusive rights: Reproduction by libraries and archives') and clause 3 for the Guidelines for Proviso of Subsection 108(g)(2) prepared by the National Commission on New Technological Uses of Copyrighted works. Additionally, Member may supply single copies of articles to a requesting library by electronic transmission for ILL purposes as described above provided the requesting library is instructed to delete the electronic file immediately after delivery to the end user and provided the end user is instructed not to further distribute the article copy."

Springer (Purchase)

YES, send secure electronic copy, chapter-level, non-commercial only: 1.3 Licensee may:
"b. transmit to a non-commercial library in hard copy or electronically digital rights management-free single articles or book chapter in compliance with applicable United States and international copyright laws, guidelines and conventions, such as $108 of the United States Copyright Act (17 USC $108) and the CONTU Guidelines (‘Interlibrary Loan’)"

Taylor & Francis (February 1 - January 31)

YES, send secure electronic copy: Licensee may fulfill requests from other libraries, a practice commonly called Interlibrary Loan. Licensee agrees to fulfill such requests in accordance with Sections 107 and 108 of the U.S. Copyright Act. Requests may be fulfilled using electronic, paper, or intermediated means. Requests may include eBooks to be sent in their entirety either as a single, compiled pdf created by the lending library from the chapter pdfs that comprise the work or as a whole eBook file made available through Taylor and Francis’ eBook platform.

Wiley Online Library (January 1 - December 31)

YES, send secure electronic copy, non-commercial only, not for unpurchased ebooks; DOES apply to VIVA members' previously purchased Online Books: "1.e. The Licensee's library staff may supply to another library, upon request by that library, either a single paper copy (by post or fax) or an electronic copy of an individual document from the Licensed Electronic Products, for the purpose of research or private study. For journals, an individual document is defined as a journal article, and for the purchased Online Books, an individual document is defined as either a book chapter or a whole book compiled from the files that comprise chapters. Interlibrary loan rights do not apply to unpurchased Online Books in the Usage-Based Collection Model. The electronic copy must be supplied by secure electronic transmission (like Ariel) and must be deleted by the recipient library immediately after delivery to the user."

 

 

VIVA is funded by the Virginia General Assembly and the VIVA member institutions, and is sponsored by the State Council of Higher Education (SCHEV).