Marcia Tuttle, UNC-Chapel Hill, tuttle@gibbs.oit.unc.edu, and Christie Degener, UNC-Chapel Hill Health Sciences Library, cdegener.hsl@mhs.unc.edu
>From Marcia:
Gordon & Breach and its associated publishers includes a "license to photo-
copy" in the subscription price of each of its journals sold to libraries.
A while back our primary vendor for Gordon & Breach journals suggested that
the library might want to consider waiving this license. We were to ask the
publisher for a copy of the waiver and return the forms to G&B if we
wished. I called G&B and asked for the forms. Last month they arrived, one
form for each title, to be filled out (10 lines on each form!) and re-
turned. There was also a cover letter. I became confused when I read the
material, and communications with colleagues only added to the confusion.
Here is what the undated cover letter says:
-----
ipd International Publishers Distributor Limited
PO Box 90
Reading RG1 8JL
United Kingdom
Tel: +44 (0734) 560080
Fax: +44 (0734) 568211
Dear Ms. Tuttle
Enclosed is the Photocopy License Waiver form you requested. To waive the
Photocopy License for the journal volume offering set forth in the form,
complete and sign the form and return it to us. We then shall issue a new
proforma invoice to you if you order direct (otherwise to your subscription
agent) reflecting the list price reduction that is granted in consideration
of your waiver of the Photocopy License.
There is an alternative means of waiving the photocopy license and reducing
the list price. Instead of executing the Photocopy License Form you may, on
written notice to us, mark the return copy of the original proforma invoice
to reflect a list price reduction of $5 (or equivalent amount in the in-
voiced currency) per volume in the offering. When we receive the return
copy of the invoice and accompanying payment we shall enter on our records
that the Photocopy License has been waived.
If the Photocopy License has been waived by either of the above procedures
and you wish to make copies beyond "fair use", as that term is understood
in the United States, you must report such copying to the Copyright Clear-
ance Center ("CCC") and make proper payment to the CCC.
Sincerely yours
Karen Elton
Department Head
Journal Fulfilment/Claims
----------
Now, here's what the actual form says (same letterhead):
PHOTOCOPY LICENSE WAIVER
for Academic Institution Subscribers
Journal Offering: [volume(s) and title]
This photocopy license waiver ("Waiver") is given by the undersigned sub-
scriber ("Subscriber") for the consideration set forth below. The Waiver
covers the volumes of the journal specified above ("Journal Offering").
The publisher of the Journal Offering has offered Subscriber a license
("Photocopy License") which permits multiple photocopying of single arti-
cles for the internal study or research purposes of Subscriber. Subscriber
has elected not to accept the Photocopy License and instead wishes to ob-
tain a ten per cent (10%) reduction in the list price of the Journal Offer-
ing.
By accepting the reduction in the list price of the Journal Offering, Sub-
scriber agrees not to photocopy or otherwise reproduce, or to permit any
photocopying or other reproduction of, any part of the Journal Offering.
Dated:
Name of Academic Institution Subscriber
Signature of Person Signing on Behalf of Subscriber
Address of Subscriber
Contact Numbers
[I've omitted the lines they use to hold the subscriber information.]
-----
The last paragraph of the form ("Waiver") seems to be a direct contradic-
tion of the last paragraph of the covering letter. I must admit with some
relief that my boss won't let me touch these waiver forms. However, I was
curious about what others were doing. Some said that G&B had discontinued
this plan, but if that were so, why would they send me the forms? Further
investigation indicated that it was the publisher's "Subscriber Incentive
Plan" that may have been discontinued. Christie Degener had also noticed
the contradiction.
==========================================================================
>From Christie Degener:
When I recently cataloged a Harwood journal (_Receptors & Channels_), I
noticed the odd "License to photocopy" statement on the inside back cover.
I checked the other Harwood and Gordon & Breach titles we currently re-
ceive, and found the same statement on three other G&B titles: _The Inter-
national Journal of Environmental Studies. Section A, Environmental Stud-
ies_; _Ecology of Food and Nutrition_; and _Connective Tissue Research_. As
far as I can tell, the statement contradicts the other info you have re-
ceived from Gordon & Breach. The following is from the most recent 1994
issues of these journals and includes their use of quotes around the words
fair use:
"LICENSE TO PHOTOCOPY. This publication and each of the articles contained
herein are protected by copyright. The subscription rate for academic and
corporate subscribers includes the Publisher's licensing fee which allows
the subscriber photocopy privileges beyond the 'fair use' provision of most
copyright laws. Please note, however, that the license does not extend to
other kinds of copying such as copying for general distribution, for adver-
tising or promotion purposes, for creating new collective works, for re-
sale, or as agent, either express or implied, of another individual or
company. A subscriber may apply to the Publisher for a waiver of the li-
cense fee. For licensing information, please write to ...."
Interestingly enough, 4 other Harwood and 2 other G&B titles that we cur-
rently receive have a "Photocopy Licence" statement that is quite different
from the one quoted above. Specifically, it lacks the language that allows
copying beyond fair use and there is no mention of the option to waive the
license fee. Here's this statement, again from 1994 issues:
"PHOTOCOPY LICENCE. This publication and each of the articles contained
herein are protected by copyright. The subscription price (other than for
subscribers who are individuals) includes a fee for a Photocopy Licence
which permits multiple photocopying of single articles for the internal
study or research purposes of the subscriber. The Photocopy Licence is not
available to individuals. The Photocopy Licence does not permit copying for
any other purpose, such as copying for distribution to any third party
(whether by sale, loan, gift or otherwise); as agent (express or implied)
of any third party; for purposes of advertising or promotion; or to create
collective or derivative works. All requests for permission to copy beyond
the scope of the Photocopy Licence must be made to the Publisher. No copy-
right licencing organization in any territory has authority to grant such
permission on the Publisher's behalf. Any unauthorized reproduction, trans-
mission or storage may result in civil or criminal liability."
Since none of the titles examined stated the amount of the fee in the is-
sues, I checked G&B catalogs to see if the fee was mentioned in them. I
found one paragraph about it in the 1993 Journals Price List: Annual sub-
scription rates for university, medical, and corporate libraries. I
couldn't find the 1994 equivalent (if it exists) and I wonder if this
statement is still in effect. On the last page, the following paragraph
appears, including their use of capitalization:
"LICENSE TO PHOTOCOPY. Library subscription rates listed herein include a
license to photocopy beyond the FAIR USE provisions of the USA and most
other national copyright laws. This license does not extend to other kinds
of copying, such as copying for general distribution, for advertising or
promotional purposes, for creating new collective works, or for resale.
University and hospital libraries wishing to have this license waived with-
out signing the Publisher's waiver form should self-deduct $5.00 per volume
from their invoice. Such libraries will be recorded as limited photocopiers
and will be renewed at the current subscription price less this deduction.
Corporate and university libraries are entitled to an additional deduction
upon signature of the Publisher's waiver form. Upon acceptance and confir-
mation from the Publisher for the waiver, any copies which exceed the FAIR
USE provisions will require payment to the Copyright Clearance Center.
Please contact the Subscriptions Department at STBS for details and a copy
of the license waiver form."
There is a danger that libraries may be paying for something without being
aware of it and for something they might not want. At the very least, the
issues should clearly state the amount of the fee in the subscription in-
formation, and we should still have the option to request that the fee be
waived.
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