1. OCLC Record Use - Background Dec. 1982 – Trustees resolution authorizing copyright of OLUC May 1983 – After pushback from members, record use policies were approved Members could use any way they wanted Members could share with other members Jan. 1984 – Policy statement and Q&A clarifying policy on transfer of OCLC- derived records Jan. 1984 – Users Council resolution asking for alternatives to seeking copyright Feb. 1984 – Committee on Copyright Alternatives (COCA) formed Dec. 1984 – Final COCA report endorsed copyright for entities not in contract with OCLC and broad but noncompetitive use for parties in contract with OCLC Dec. 1984 – Select Committee on Third Party Use, working simultaneously, issue its final report supporting sharing of records except where they would be used for cataloging or other competitive uses June 1985 – Principles and guidelines for record transfer came out of integration of recommendations for two reports May 1986 – More liberal version issued Nov. 1987 – Current, aka “old”, version issued

2. Guidelines – Each member and nonmember library may: 1.use records without restriction, and may transfer records of its own holdings without restriction to other libraries and 2.To: member networks* who may: transfer to any member library copies on magnetic tape of its own records (paraphrase) process records of the holdings of any member or nonmember library which has employed and agreed to pay it for that service,…....Any other use and transfer of records by member networks will be as provided in separate understandings with OCLC. state and multi-state library agencies (i)...as provided in separate understandings with OCLC. Such understandings may include…. any other understandings that will facilitate state or national programs as well as the maintenance and enhancement of the OCLC database. all other noncommercial firms. 1)The use and transfer of records by any other organizations to which transfers are made under this Guideline 2 will be as provided in separate understandings with OCLC. * Will there still be “member networks”?

3. Guidelines – Each member and nonmember library may: 3.transfer records of its own holdings to commercial firms which the library has employed and agreed to pay to process such records, provided that each commercial firm has first signed an individual agreement with the library, or OCLC has advised the library that the commercial firm has signed a general agreement with OCLC, in either case containing measures agreed upon by OCLC and the commercial firm for protection of the records it has been employed to process.

4. Guidelines – Each member and nonmember library may: 1.transfer records of its own holdings to commercial firms which the library has employed and agreed to pay to process such records, …. But this is the strange part However, there is no requirement for prior written agreements for transfers (a)made under Guideline 1 above to libraries operated by commercial firms or (b)to commercial firms by former OCLC member libraries of records of their holdings, so long as the libraries maintain no continuing user status with OCLC.

5. Final 3 guidelines 4. Paraphrase - when OCLC loads records from a nonmember organization for which restrictions apply, OCLC will notify libraries of these restrictions 5.When transfers under Guideline I above are made to machine-readable union catalogs accessible by nonmember libraries, it is requested that machine- readable copies of the records of such union catalogs be submitted to OCLC. … 6.The Guidelines above apply to all uses and transfers of records except where a mutually acceptable agreement establishing broader or narrower rights is made with OCLC relating to a specific product or service. Note: no mention of these guidelines being subject to change without warning

6. The New OCLC Policy Bad for Libraries? –License Agreement not policy guidelines –OCLC owns all the records –“Reasonable use” is the standard Can't have “function, purpose, and/or size of WorldCat” Can't threaten to discourage WC contributions Can't be anything OCLC objects to – OCLC has sole discretion to determine whether any use complies with this policy

7. The New OCLC Policy “Regardless of the source from which WorldCat Records are received, Use and Transfer of WorldCat Records is authorized solely by OCLC” OCLC can change or substitute a new policy any time it wishes Transfer to nonprofit agencies is not automatically granted

8. The New OCLC Policy Suppose another vendor said: “Here's your new license agreement. It's effective in 6 months and you automatically agree to it when you use our service.” How would you react?