VIVA: ILL Rights
This guide has variable layouts and houses the majority of the "sub" pages for VIVA's website.
VIVA: ILL Rights
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.
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.
SUMMARY CHART
Please review each product's specific provisions as excerpted below before making any decisions about handling document delivery.
African Books Collective: Perpetual Access Content
YES, send secure electronic copy: "3.2 b. Interlibrary Loan. 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 using the prevailing technology of the day. For monographic ebooks, Licensee may fulfill requests for individual chapters or whole ebooks from the Licensed Materials, including a single file created by the lending library from the chapter pdfs that comprise a given title."
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 patrons 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 agrees to fulfill such requests in accordance with 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: "The Subscriber and its Members may supply a single copy of an individual document derived from the AR Online products to an Authorized User of another library utilizing the prevailing technology of the day. The Subscriber and its Members agree 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."
Perpetual Access Content:
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, on EBSCO platform) (September 1 - August 31)
YES, send secure electronic copy: For content other than PsycTHERAPY and Clinical Training, which do not permit interlibrary loan, VIVA and its Member Sites may supply a single copy of an individual document, chapter or book derived from the Licensed Content to an Authorized User of another library utilizing the prevailing technology of the day. VIVA and its Member Sites agree to fulfill such requests in compliance with Section 108 of the United States Copyright Law.
APA (perpetual access PsycBOOKS on APA platform)
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."
YES, send secure electronic copy, non-commercial only: "Licensee may fulfill requests from other libraries or archives, 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, including but not limited to the prevailing technology of the day. Institutional Licensee may provide digital or print copies of content retrieved from the EAAP to other non-commercial libraries, provided that (i) loans are not done in a manner or magnitude that would replace the receiving library's own subscription to the EAAP or purchase of the underlying Content (e.g.book), (ii) such loans must be for the purpose of research or private study and not for commercial use or onward transmission or distribution, and (iii) loans are sent solely to a noncommercial library in the same country as the Institutional Licensee using mail or fax or secure transmission via Ariel or Illiad (or their equivalent)."
Association of Computing Machinery Digital Library (September 1- August 31)
YES, send secure electronic copy: "The Subscriber and its member institutions may supply a single copy of an individual document derived from the DL to an Authorized User of another library utilizing the prevailing technology of the day. The lending libraries agree 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')."
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 (Two collections)
January 1, 2013 - YES, send secure electronic copy, non-commercial only: "3.2 Licensee may supply to the library of an institution (whether by post, fax, or secure electronic transmission, provided that the electronic file is deleted immediately after printing) a single copy of a section of a Product in accordance with the limitations agreed with the Licensor and provided that such copy may only be used for research, teaching and private study uses and not for any Commercial Use."
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."
Dissertations & Theses Full Text (September 1 - August 31)
YES: "1.e. (i) 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 ebooks, copying is limited to small portions of a book, and (iv) Customer complies with all laws and regulations regarding ILL."
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."
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.”
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."
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."
-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."
International Water Association (January 1 - December 31)
YES, send secure electronic copy: 3.1.7 "Licensee may fulfil requests from other libraries, a practice commonly called Interlibrary Loan. Licensee agrees to fulfil 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 using the prevailing technology of the day."
Nature (January 1 - December 31)
YES, send secure electronic copy, non-commercial only: 2.1.3 "transmit to a non-commercial library Digital Rights Management-free single articles, book chapters or portions thereof only for personal, educational, scientific, or research purposes (“Interlibrary Loans”). Such transmission shall be reviewed and fulfilled by Licensee’s staff, and shall be made by hand, post, fax or through any secure document transmission software, so long as, in the case of any electronic transmission, the electronic file retains the relevant copyright notice and is deleted immediately after printing. The right set out in this clause does not extend to centralized ordering facilities, such as document delivery systems, nor the distribution of copies in such quantities as to substitute for a subscription or purchase of the distributed Content."
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. "
O'Reilly for Higher Education (August 1 - July 31)
YES: "1.e. (i) 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 ebooks, copying is limited to small portions of a book, and (iv) Customer complies with all laws and regulations regarding ILL."
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.
-Journals (January 1 - December 31)
YES, send secure electronic copy, non-commercial only: "2.2.4 if the Customer is an academic library or library which is part of a non-commercial organisation, supply another academic library or library which is part of a non-commercial organisation, on a non-exclusive basis and for the sole purpose of supplying an authorized patron of the recipient library with a single copy of an electronic original of an individual document from a Publication for that user's research or private study (and not for Commercial Use), such requests to be fulfilled in compliance with Section 108 of the U.S. Copyright Act (17 USC 'Limitations on exclusive rights; Reproduction by libraries and archives') and provided that (i) the recipient library does not borrow in such a manner as to substitute for a subscription to or purchase of the relevant work; (ii) the Customer is not aware nor does it have substantial reason to believe that, in doing so, it is engaging in the related or concerted reproduction or distribution of multiple copies of that material; and (iii) such supply must be by post, fax, or secure electronic transmission using Ariel or its equivalent."
-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 Academic Complete and College Complete (December 1 - November 30)
YES, send secure electronic copy, chapter-level only: Exhibit A, 1.e. "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 small portions of a book, and (iv) Customer must comply with applicable laws and regulations regarding ILL."
ProQuest Literature Collections (Formerly Chadwyck Healey) (March 1 - February 28)
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 small portions of a book, and (iv) Customer must comply with applicable laws and regulations regarding interlibrary loan."
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.]
Readex (Purchase)
YES, send secure electronic copy: Customer may create “3.e hardcopy or electronic copies (via secure electronic transmission using a system such as Odyssey or Article Exchange) for the purpose of supplying interlibrary loan requests in accordance with the Interlibrary Loan Provision of Section 108 of the U.S. Copyright Law provided that such interlibrary loan requests do not hinder NewsBank's ability to sell the Product to other customers. Customer will take reasonable steps to warrant that the number of articles (whether copies of the same article or of different articles) supplied to any library pursuant to the foregoing provision will not exceed 5 in any calendar year. In no event may the Customer's Interlibrary Loan program be used to avoid the need for another school, library, or other potential similar customer from subscribing to a Product. If NewsBank reasonably determines that Interlibrary Loan activities hereunder may be impairing NewsBank's ability to make sales of the Product or other NewsBank products to other customers. NewsBank may require such Interlibrary Loan activity to be modified or terminated, either entirely or with respect to the library whose activity is impairing NewsBank's business.”
Rockefeller University Press (January 1 - December 31)
YES, send secure electronic copy: "The Institution shall be entitled, for Educational and Research Purposes only...to supply to another library (whether by post, fax or secure electronic transmission utilizing the prevailing technology of the day), a single copy of the whole of, or parts of or extracts from, Licensed Content, and to download such Licensed Content for such purpose."
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: 2.1.3 "transmit to a non-commercial library Digital Rights Management-free single articles, book chapters or portions thereof only for personal, educational, scientific, or research purposes (“Interlibrary Loans”). Such transmission shall be reviewed and fulfilled by Licensee’s staff, and shall be made by hand, post, fax or through any secure document transmission software, so long as, in the case of any electronic transmission, the electronic file retains the relevant copyright notice and is deleted immediately after printing. The right set out in this clause does not extend to centralized ordering facilities, such as document delivery systems, nor the distribution of copies in such quantities as to substitute for a subscription or purchase of the distributed Content.
For 2021 and forward ebook collections: 3.2 "Licensee may engage in the activities described in Section 2.1.3 of the General Terms and Conditions with whole eBooks as well as chapters of eBooks, provided that it is in compliance with all other conditions of that clause."
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.
University of Michigan Press Ebook Collection (January 1 - December 31)
Interlibrary loan: Participating Institutions may fulfill requests from other institutions, a practice commonly called Interlibrary Loan. Participating Institutions agree 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"), as well as the Copyright Act of Canada. 17 USC §108 (d)-(g). Requests may be fulfilled using electronic, paper, or intermediated means. Requests that are filled by electronic file transmission must be provided to the requesting library using standard industry secure file transmission services that ensure the deletion of the file after the defined period of use. Non-secure electronic file transmission is not permitted. Requests for whole ebooks may be fulfilled by Participating Institution.
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."
