InterLibrary Loan & TexShare Russlene Waukechon TexShare Database Coordinator February 15, 2008

Whats in a typical TexShare contract Through the Agreement, the LICENSEE, SITES and/or the patrons of the LICENSEE and/or SITES may download, , Ariel, or print limited copies of citations, abstracts, full text or portions thereof, provided the information is used solely for personal, non-commercial use. LICENSEE will not use the Database as a component of or the basis of any other publication prepared for sale and will neither duplicate nor alter the Database or any of the content therein in any manner nor use same for sale or distribution. The LICENSEE and SITES shall take all reasonable precautions to limit the usage of the Database(s) to those specifically authorized by this Agreement. LICENSEE and SITES may fulfill requests from other institutions, a practice commonly called Interlibrary Loan (ILL). TSLAC 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") insofar as compliance does not limit the ability of LICENSEE and/or SITES to use the Licensed Content in accordance with the U.S. Copyright Law known as Fair Use. The aforesaid rights are to be exercised only at the Authorized Site or remotely by logging on to a secure network. Not withstanding anything to the contrary in this Agreement, no term or provision of this Agreement shall be interpreted to limit or restrict the fair use rights of the Library provided by statute in 17 U.S.C. sections 107 and 504.

Key Concept LICENSEE and SITES may fulfill requests from other institutions, a practice commonly called Interlibrary Loan (ILL).

Ebscos Statement 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. correspondence with Ebsco 1/24/2008

Whats prohibited in Core Menu Databases Using the databases to fulfill ILL requests for fee- for-service purposes such as document delivery even if you are paying CCC fees. Whats allowed is outlined in the language shown above. Document delivery is NOT allowed.

Contracts this language applies to: Core Menu Full-Text Databases: Ebsco Gale ProQuest TexSelect Databases: Stat!Ref

Contracts with an Exception to the Standard ILL Clause TexSelect Database American Chemical Society Use By Others Through InterLibrary Loan: Except as set forth in Section Six below, Users may use the ACS Products to fulfill requests for InterLibrary Loan (ILL). InterLibrary Loan shall include requests to support non-commercial scholarly research by patrons of other libraries such as public, school, or college libraries. A Licensee 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. The borrower may make up to 5 (five) free article copies of individual journal articles, proceedings, individual book chapters, Reagent Chemicals monographs or other individual items from the ACS Products per year for InterLibrary Loan purposes. Additional requests may be fulfilled only if the applicable single copy fees are paid either to the Copyright Clearance Center or directly to the ACS through its sales procedures for single articles, individual book chapters, proceedings, Reagent Chemicals monographs or other individual items from the ACS Products.

Key Concepts: whats allowed in the ACS Contract You can fulfill ILL requests The borrower may make up to 5 (five) free article copies of individual journal articles, proceedings, individual book chapters, Reagent Chemicals monographs or other individual items from the ACS Products per year for InterLibrary Loan purposes. Users may use the ACS Products to fulfill requests for InterLibrary Loan (ILL). InterLibrary Loan shall include requests to support non-commercial scholarly research by patrons of other libraries such as public, school, or college libraries

ACS Prohibited Use Prohibited Use: Except as provided in Section Five above, Licensee/Authorized User agrees not to forward, transfer, sell, rent, or otherwise knowingly distribute or provide access to the contents of ACS Products or any portions thereof, to any third party. Individual articles, individual book chapters, proceedings, Reagent Chemicals monographs or other individual items from the ACS Products and other information obtained from these services may not be used for fee-for-service purposes such as document delivery. The ACS Products may not be used to supply single articles, individual book chapters, proceedings, Reagent Chemicals monographs, or other individual items to InterLibrary Loan requesters that are employed by a commercial organization or by a library that belongs to a for-profit company without prior written approval of ACS.

Key Concepts: Prohibited Use in the ACS Contract Individual articles, individual book chapters, proceedings, Reagent Chemicals monographs or other individual items from the ACS Products and other information obtained from these services may not be used for fee-for-service purposes such as document delivery. The ACS Products may not be used to supply single articles, individual book chapters, proceedings, Reagent Chemicals monographs, or other individual items to InterLibrary Loan requesters that are employed by a commercial organization or by a library that belongs to a for-profit company without prior written approval of ACS.

Questions? Russlene Waukechon, MLIS TexShare Database Coordinator Texas State Library and Archives Commission P.O.Box Austin, TX (f)