Legal Issues with Cataloging Supplied by MARCIVE Joan Chapa

MARCIVE, Inc. We appreciate how hard libraries are working to keep abreast of copyright issues and fair use of vendor records. MARCIVE is a provider of bibliographic services to libraries of all types and sizes. The source of our records is mostly national databases. We offer value-added options and quality customer service. However, there are a few restrictions on some of the records we provide.

Standard Cataloging MarciveWeb SELECT, our cataloging service Our bibliographic database –LC, NLM, NLAC, GPO –AV Access (from Baker & Taylor) –Records we have created in-house from shelflist conversion projects User searches database by ISBN, LCCN, title, or advanced title key. Selects as-is or modifies to fit and saves to a file for further processing by MARCIVE.

Standard Cataloging: AV Access No restrictions on any records purchased using this method, except AV Access. We cannot sell AV Access records through partners such as Amazon.com or AV jobbers because of restrictions imposed by our supplier, Baker & Taylor. Cannot be sent to OCLC. Librarian can see if we have an LC cataloging record for the same title and choose that title instead of the AV Access title.

Choose Restricted AV Access or LC

AV Access LC

MARCIVE ERIC MARC Record Service Records created using metadata from ERIC (education documents) and converted into MARC format Backfile includes 436,000 records for ERIC microfiche distributed from 1950s Over 70% of records have URLS that link to the documents Also, estimated 18,000 records from 2004 for Internet-only versions Ongoing subscription has all Internet-only records

MARCIVE ERIC MARC Record Service: Restrictions Special rules for loading into a shared bibliographic database These records (backfile and ongoing) cannot be transferred to OCLC or other vendors. This means they cannot participate in WorldCat Local. Cannot be transferred to any entity that will use them for commercial gain (e.g., SkyRiver).

MARCIVE Enhanced GPO Database Records The US Government Printing Office database was not designed for cataloging and MARCIVE took on the task of making it appropriate for libraries. Records from reflect a great deal of intellectual cleanup by MARCIVE and librarians from Texas A& M, LSU, and Rice University. Ongoing cleanup efforts: matching of correction GPO item number to SuDoc stem, normalization of 856 field, authority control, and other tasks. From the time of the project until now, we considered these records proprietary.

Exciting News As of today, the MARCIVE Enhanced GPO Database will not be considered proprietary! The enhanced records can be used by libraries for any purpose, except selling them or making them available to an entity that will sell them. Libraries will now be able to participate in projects that do not involve resale. However, they must still guard against the data being transferred to commercial companies.

Transferring Records to OCLC Our previous license agreement prohibited sending full records from the Enhanced GPO database to OCLC. Brief records or OCLC numbers could be sent for holdings update. Our new license agreement permits sending records to OCLC for holdings update. All Enhanced GPO records have an OCLC record number, so this should not entail loading full records, just updating holdings.

Transferring Records to Other Vendors Companies such as SkyRiver, Backstage Library Works, and others that realize financial gain by fulfilling data requests or creating databases are still barred from obtaining the Enhanced GPO data. This has not changed. Libraries that make their bibliographic database available to the world need to take reasonable precautions in preventing the transfer of these data. This includes, but is not limited to, informing companies not to hit against their bib file.

MARCIVE Documents Without Shelves Basically a subset of our standard Enhanced GPO Database Service All records have 856 fields Same rules apply for usage

Summary Standard database. All records are free of restrictions, except AV Access records. ERIC database. All records are available to library, but may not be transferred to OCLC or other vendors. Enhanced GPO Database. All records are available to library, can be used in library projects, and can be loaded into OCLC, but may not be transferred to other vendors. Documents Without Shelves. Same usage as Enhanced GPO Database.