Newsletter of the IFLA Document Delivery and Resource Sharing Section

ISSN 1016-281X

September 2005

Table of Contents

A Note from the Chair 2

Minutes of the Mid-Winter SC Meeting: Prague, 24-25 February 2005 3

New members’ biographies 6

News from members: Carol Smale (Canada) 8

News from members: Assunta Arte (Italy)

News from members: Margarita Moreno (Australia)

Open Session: Oslo conference (including abstracts of papers) 10

SUBITO and German developments in copyright law. Uwe Rosemann (German National Library of science and Technology, Hannover, Germany) 11

Standing Committee Members 14

This Newsletter is also available on IFLA Net www.ifla.org

1 A Note from the Chair

Dear Section members,

The 71st World Library and Information Congress in Oslo is now behind us and just a few weeks from now hopefully many of you will be travelling to Tallinn to participate in the 9th IFLA Interlending and Document Supply International Conference. During the WLIC in Oslo the Section had a very successful programme on Perspectives on supply of electronic documents. The first of the three papers that were presented there you will find in this issue of our newsletter while the remaining two will be published in the following issue. In his paper on SUBITO and German developments in copyright law Dr. Uwe Rosemann puts focus on what is happening not only in Germany but in many other countries as well if publishers and associates succeed in having their own way. The German court will have to decide if – as claimed by the publishers – interlibrary loan activities not only happening between German and foreign libraries but between libraries within Germany as well are illegal. We are here seeing the right to free access to information for all and the possibility for libraries to share resources in support of education, research and cultural exchange being attacked and it is important that libraries and library associations together with IFLA stand united in support of our end users’ability to access information held not only in their local library.

The Standing Committee has welcomed six new members and you will find a list of all SC members on the last pages of this issue. I would like to use the opportunity the thank the outgoing members for their commitment and time spent on committee work. The new SC will face a busy schedule for the coming year. As mentioned the 9th ILDS Conference is just around the corner and the planning for the 2007 conference has already begun. The Committee will meet for it’s Midwinter Business Meeting by the end of February in Rome and among many other things finish the planning of our programme for Seoul. Together with the Acquisition and Collection Development Section and the Reference and Information Services Section we are planning a satellite event to be hosted by the National Library of Korea. The conference called Interlibrary Loan, Reference and Collection Development in a Digital Age – a Practical Approach will hopefully attract many participants from the region.

Also the SC is working on developing a set of IFLA guidelines for best practice in ILL and we expect to be able to publish the guidelines in the next issue of the newsletter.

Poul Erlandsen Chair

2 Minutes of the Mid-Winter SC c. All requests for finances in Meeting in Prague Division 5 have been approved. Our Section has not asked for Present: Assunta Arte, Johnny Carlsson, additional finance and will receive Teresa Chapa, Poul Erlandsen (Chair), the usual 7-800 euros for Teresa Rodriguez Gonzalez, Betty administration purposes. From Lowery, Debra McKern, Jindriska 2006 IFLA will charge Sections a Pospisilova, Torill Redse, Penelope Street fee of 200 euros if they wish to (Secretary) hold pre/post conference satellite meetings. Apologies: Kim Baker, Kanigar d. The Reference Section has changed Chollampe, Daniel Mattes Durrett, Hans its name to Reference and Martin Fagerli, Elmelinda Lara, Lars Information Services Section. Leon, Uwe Rosemann, Carol Smale e. The paperwork for our conference programme needs to be returned to IFLA HQ by 1st March in time for the meeting of the Professional 1. Introductions th Poul welcomed everyone to the Board on the 14 . Section’s second mid-winter business f. Membership revenue is down by meeting. A welcome introduction was 83,000 euros. IFLA is actively also given by Mrs. Bohdana trying to attract new members. Stoklasova, Deputy for Library g. Alex Byrne (Australia) will be the Management. next IFLA President. The new President-elect will be presented at 2. Approval of agenda the Oslo conference. 4 items were added to the agenda as numbers 4-7. 5. Financial report Lars was unable to attend the meeting 3. Approval of minutes of SC meetings but had sent a report, which was in BA circulated. • The minutes were approved. Previous balance was $821.51. • $770.01 had been paid to Poul’s 4. Report of Co-ordinating Board library for Section newsletter meeting postage reimbursement. Bank had a. Peter Lor has been appointed as the charges a wire fee of $50. new Secretary General of IFLA. • We will receive 815 euros from He will assume the position on the IFLA. 15th February. Action: If this is not in the account by th b. The first round of Section 28 Feb, LL will contact them. evaluations has been completed • $1000 loaned to National Library and the March meeting of the of Estonia in August for ILDS Professional Board will consider conference, loan will be repaid the pilot reviews. All other after the conference. Sections are to be reviewed in the • IFLA is considering changing to coming year. There was discussion one bank system in The Hague to of IFLA’s role: what direction is it avoid transfer fees to individual heading in and should it have a Section’s banks. lobbying role that was essentially professional or political.

3 Action: contact IFLA re their plans Collection Development are eager to before considering a change to a participate in pre/post conference European bank. programme. It was noted that there is no local contact in Seoul to assist with • We may need to think about planning. another Treasurer although Lars intimated he was willing to Discussion of content followed. continue. Theoretical title: Resource sharing, reference and collection development Action: PE/PS to take to next Co- in a digital age: a practical approach. ordinating board meeting the fact that Our Section’s input could be a the nomination process is too complex presentation of our Principles/ for individual members and that Guidelines linked to a workshop on members should be personally benchmarking and best practice. contacted by IFLA, at the appropriate time, to see if they are willing to seek Action: PE to send the necessary form re-election. for holding a satellite meeting to IFLA for March deadline and to try to 6. Election of SC members continue trying to establish contact 5 members of the committee will finish with Chinese SC member. their term at the Oslo conference. All - Establish Korean contacts at Oslo

7. Election of SC officers 10. Seoul programme SC will need to elect Chair, Secretary, Suggested topic – resource sharing/role Information Co-ordinator and possibly of Google. Need to finalise ideas at a treasurer in Oslo. Oslo.

8. Programme for Oslo Action: PE to contact Collection The Professional Board has approved Development Section to see if they are our programme and we have a 2-hour interested in a collaborative venture. time slot. Programme title revised to Perspectives on the supply of 11. Strategic plan electronic documents to better reflect No action taken. New strategic plan the content. Speakers are: Andrew must be submitted by October. Braid (BL), Lucy Molgat (Canada), Uwe Rosemann. It was decided not to Action: PE, TC, KB to prepare include Karen Hunter (Elsevier) as she something for discussion at Oslo and could only commit to certain days and send to the list-serv beforehand. the programme dates have yet to be Feedback from the SC welcome. decided. 12. ILDS conference 9. Satellite meeting - Seoul IFLA has not sent out the call for bids PE contacted Chinese member of for the 10th ILDS conference so it Reference and Information Services might not be possible to announce the Section but has received no response. venue at Tallinn. SC reviewed all PE also contacted Reference/ abstracts sent and made a selection. Collection Development Sections re a joint programme: Reference is very 13. Questionnaire for review of Sections positive and will discuss this at their We have until 15th Nov to complete mid-winter meeting in March, and return the questionnaire.

4 Action: DMc to look at collating the account was discussed: a possible factual data required for section 1. solution is to use it to fund the PE will email list-serv asking all SC Section’s projects. members to send comments for questions 6-15. Action: BL suggested that a way of PE/PS will collate comments into marketing the Section and encouraging answers for each question. the use of the guidelines would be to PE will contact Sophie Felfoldi re an include the both the Guidelines for open list for Section members. Best Practice/Section brochure with vouchers when they are sent out. 14. Section name change PE had sent a proposal to Chair of Co- 17. Cost as a barrier to access ordinating Board to take to Deferred to Oslo conference. Professional Committee meeting on 1st March. It was agreed that the 18. Revision of Section’s brochure proposed name change be amended to Intended primarily as a print document Information Access and Resource – all unnecessary URL’s will be Sharing Section. removed, retain the main IFLA one only. Primary purpose is to attract new Action: PE to contact chair of Co- members so it needs to focus on the ordinating Board re name amendment. advantages of membership. SC members can do translations required: 15. IFLA guidelines for best practice in ILL AA – Italian PE presented the brochure produced by JP – Russian the Nordic countries. It was agreed Teresa – Spanish that this could be adapted for the Carol - French international community and something similar produced by the Action: DMc will reformat it as Section, which would include mention double-sides, one page document and, of the IFLA vouchers. Any new once the Section’s name change is publication would need the approval of approved, circulate a draft to all SC the Professional Board. members. Once agreed, translations can be done. Action: BL to check text and compare with UK version to see if anything can 19. Model Handbook for ILL be added and then send it to DMc for Deferred to Oslo. comments. Action: DMc and EL to continue looking at it and report back at Oslo. 16. IFLA voucher scheme report BL to send draft outline of FIL(UK) Susan Schaepman had sent in an proposed publication to SC for annual report. Total stands at – consideration. 1,204.97 euros. No complaints received re handling charge/surcharge. 20. Printed IFLA ILL request form There should be no printing costs this BL reported number of packs being year as we will be re-circulating old sold is decreasing. Reported that vouchers so the voucher scheme UNESCO coupons were accepted as should start to make money. The payment for IFLA vouchers. question of what happens to the LL’s paper on IFLA/ISO response interest earned on money in the codes was deferred to Oslo.

5 Action: BL to check with LL/CS re holdings, and item level records, status of designing a template for barcoding, and problem resolution email. To look at the email form to when there are discrepancies check that it includes all the between the item and the catalog information from the printed form. records.

21. Any Other Business Debra has worked in research a. DMc gave a report on recent libraries since 1970, in interlibrary Google project and will send out loan, acquisitions, cataloging, serials, documentation describing the and preservation. Since 1985she has project to SC members. Action: been in senior management DMc to ask Carla Montori whether positions, including Preservation she would do a paper on Google Officer at Emory University for the Tallinn conference. Libraries and Chief of the Binding b. LL interested to know how and Collections Care Division at the important Ariel is to SC members. Library of Congress. Debra has Action: DMc to represent SC taught graduate preservation courses interests at Infotrieve meetings. as an adjunct professor at Emory c. Discussion of Oslo conference. University in Atlanta and Catholic The first SC meeting is Saturday University of America in 13th August and the second one Washington D.C. In 1991-92 she Friday 19th August. Action: TR will lived in Cairo, Egypt, as a USIA host dinner for SC members. Library Fellow where she conducted a preservation needs assessment for 22. Venue for mid-winter business the National Library of Egypt. meeting 2006 Debra has been active in professional Assunta offered to host the meeting in library organizations at the regional, Rome. Suggested date was 23rd/24th national, and international level February. through lectures and committee work for groups such as ALA, RLG, ARL, ASTM, NISO/ISO, and IFLA. She New members’ biographies is currently a member of the ALA/RUSA/STARS (Sharing and Debra McKern (US) Transforming Access to Resources Debra McKern is currently director Section) Legislation and Licensing of the collections inventory program Committee. at the Library of Congress, part of the Collections, Access, Loan and Elisa Soares (Portugal) Management Division. The goal of Elisa graduated in Philosophy (from the the program is to provide accurate New University of Lisbon). She has a online holdings information via the post-graduaduate degree in Librarianship Web OPAC, beginning with the and has written a thesis on Theories of Art inventory of 17 million volumes in (both from the University of Lisbon). the general collections, area studies, Elisa was an indexer at the Biblioteca and Law Library. The current focus Nacional for eight years. In 1997 she is the preparation of collections for became the librarian in charge of the transfer to the Library’s new off-site newly created ILL Service. Three years storage facility at Ft. Meade, later she co-organized the first national ILL Meeting. This was the main subject Maryland. This includes the creation th or updating of bibliographic, of a paper presented at the 7 ILL&DS

6 Conference (Ljubljana). She was involved Joan Ellen Stein (US) in data gathering data for an online forum Joan Stein is Head of the Access Services on ILL issues with the participation of 103 at Carnegie Mellon University Libraries, Portuguese libraries, the purpose of this has been involved with interlibrary loan initiative was explained at the Portuguese and resource sharing issues, both as a Library Association (BAD) National practitioner and a researcher/writer, for Conference (Estoril, 2004). At present, the two decades. She speaks on these topics at ILL area at the BN is working on the conferences, publishes articles, and project of a National ILL Code and best consults at other university libraries. Joan ILL practices. Elisa is very much was awarded the Virginia Boucher- OCLC motivated by global Resource Sharing and Distinguished Interlibrary Loan Librarian by the SC goals. In addition to her Award by the American Library professional life, Elisa has three wonderful Association's Interlibrary Loan Committee daughters and recently wrote a book on a in 2004 as recognition for her efforts to Portuguese painter which is soon to be make interlibrary loan a more user-centred published. service.

Jacqueline Gillet (France) Margarita Moreno (Australia) Jacqueline Gillet graduated from the Manager, Document Supply Service, University of Nancy-1 (France) in 1992 National Library of Australia after studying life sciences (animal and plant physiology) and documentation I joined the National Library of Australia informatics. In 1994 she joined the French in 1988 as a serials cataloguer. Two years Institute for Scientific and Technical later, I moved to the Australian Information (INIST-CNRS), a service unit Bibliographic Network (ABN) office (the of the French National Centre for Australian online union catalogue with Scientific Research (CNRS). She worked over 1,000 members) and spent most of first in the A&I department of the the next 10 years working in various PASCAL database in biotechnology as an positions, helping members use the information specialist, and then in 1996 network and services effectively, solving joined the Information System Department access problems, explaining services, as a database administrator. There she was training users etc. I also participated in a involved in the implementation of a new number of projects including managing the information system and in the writing of acceptance testing of the Kinetica service, technical specifications. the national resource sharing and delivery service which includes the union In 2002, Jacqueline joined the INIST catalogue, ABN’s replacement. library as the head of the ILL backup libraries service. She works with several In 2000 I began working in the Document French and foreign special research and Supply Service of the National Library. academic libraries and is a member of the Since then I have been involved in a French ILL network, representing INIST number of projects including the in the documentation councils of the Interlibrary loans benchmarking study Nancy university libraries. She is looking which surveyed 100 Australian Libraries, forward to attending the standing the development of the ILRS code which committee and working with colleagues sets out the agreed service levels and from countries all over the World. delivery timeframe for Australian libraries, participated in the planning of the 8th IFLA ILDS conference and costing of ILL services. Most recently I have written a

7 couple of papers with colleagues on the literature that is pertinent to their work. ISO ILL protocol and the current To exacerbate this problem, over the last interlibrary loan and document delivery two decades, the so-called serials crisis has environment in Australia. I am also a become more and more acute. Journals member of the Australian Library and prices have risen faster than both the rate Information Association Interlibrary Loan of inflation and increases in library Expert Advisory Group and the RLG budgets, resulting in the cancellation of the SHARES Practitioners Council. I look subscriptions to journals. forward to contributing to the broader interlibrary loan discussion. In Italy, a country sometime reluctant to accept changes, came out important examples of Open Access Initiatives to News from members became main services offered by academic and research libraries. Carol Smale reports from Canada Two more Atlantic Provinces libraries Some University, the Italian National (Université de Moncton and St. Francis Research Council, the principal university Xavier University) have joined the East consortium, have all started some program Coast Relais Consortium (ECRC) and will in this filed. begin using the system in early July. In addition the Council of Atlantic Traditionally the “mission” of the Universities (CAUL-CDBUA) will be academic and research libraries has ever implementing their Atlantic Scholarly been to gain permanent access to complete Information Network (ASIN) portal this scientific literature to support professors, Fall. The portal will integrate Sirsi researchers, students in their work. Their products (OPAC, Resolver, Rooms), the agreement to open access initiative has Relais Enterprise interlibrary loan system two main reasons: the first of these is a and NCIP. noble reason: to advance intellectual progress in their subject; the second reason Assunta Arte reports from Italy offers to the librarians the opportunity to Open Access at the Italian University have professional evolution in an and Research Libraries: Free For All? environment that increases the value of The Budapest Open Access Initiative1 information managers. describes very clearly the goal of the Open Researchers indeed have themselves more and more benefit from an Open Archive Access Movement: to gain at no cost the 2: scientific literature to support the research Initiative activities and their social value. In the last • years with this declaration the Open the entire full text referred corpus Access Movement has attracted the online; interest of academic community and • on every researcher’s desktop, stimulate consideration of publishers, anywhere; readers, and librarians. With over 30.000 • 24 hours a day; peer-reviewed scientific journals in • all papers citation interlinked; existence, no academic library can come • full searchable, navigable, retrievable; anywhere near stocking all the titles • free, for all, forever. appropriate to the needs of the research staff in its institution. Individual scholars 2 Steven Harnad, For whom to gate toll? How and cannot therefore get access to some of the why to free the referred research literature online throught author/institution self-archiving now, 2003, http://cogprints.org/1639/01/resolution.htm 1 http://www.soros.org/openaccess/index.shtml

8 between libraries. Further information on A sample of the Italian activities: Library trends in Australia is available at • PLEIADI, the Italian portal for Open http://www.nla.gov.au/nla/staffpaper/2005/ Archives, in collaboration with missingham2.html CASPUR The National Library has contributed • METALIS, Service Provider for the significantly to the development of Library and Information Science fields, interlibrary lending and document delivery harvesting metadata from institutions policy. Over the past six years this role that offer full-text papers and was facilitated through the National documents. Resource Sharing Working Group (NRSWG) and National Resource Sharing • Messina Conference web site (where Policy Committee (NRSPC). These the "Messina Declaration on Open groups were established by the National Access to Scholarly Literature" has Library to support the development of a been signed by more than 30 Italian national resource sharing infrastructure Universities). following a series of national meetings and discussions. The Towards Federation • E-LIS, E-prints in Library and Summit in 1992 and National Interlending Information Science, international and Document Delivery Summit of 1995 disciplinary open archive for LIS established discussion between all library published and grey literature, using sectors on the potential development of the EPrints software. interlibrary loan and document delivery • DSpace@UniPr, Parma University system. The NRSWG was created in 1999 Digital Library, institutional open and the NRSPC in 2000 with a clear archive, using DSpace software. agenda to improve the Australian ILL/DD system. The groups received strong • SCHOLAR proposal, European Portal support from industry bodies, such as the for Open Archives (access reserved to Council of Australian State Libraries partners). (CASL), the Council of Australian • Electronic version of Bollettino University Librarians (CAUL), the del CILEA, using OJS software. Australian Library and Information Association (ALIA) and the Australian Library Collections Task force. Margarita Moreno reports from Australia Between 1999 and 2004 when the groups Australia has a long history of cooperation ceased there was there marked change in in Resource Sharing, however over the the Australian Interlending environment past 30 years there have been significant due primarily to the projects undertaken. changes and the Australian library The NRSWG conducting a Benchmarking community has identified areas of research Study based on Mary E. Jackson’s very and practice for development. From the successful survey measuring the Australian Institute of Librarians Code for performance of North American Research Interlending in 1946 to the AACOBS and College Libraries which lead to the Code in 1966 and the Australian ILRS development of best practice workshops Code in 2001 there has been a consistent held throughout Australia; the process of improvement in areas such as development of the ILRS code setting charges, turnaround times and agreed standard the service level and charges standards. These have improved the giving certainty to library users and strength of the interlending framework holding a number of events such as the

9 seminar presented by Mary E. Jackson Transforming document delivery in the e- “Improving Interlibrary Loans and content environment. Lucie Molgat Document Delivery” held at the National (CISTI, Ottawa, Canada) Library of Australia in October 1999; and also held at the National Library the SUBITO and German developments in National Resource Sharing Forum and copyright law. Uwe Rosemann (German Field Day in November 2002 and the 8th National Library of science and IFLA Interlending and Document Supply Technology, Hannover, Germany) International conference in October 2003. Uwe Rosemann’s paper is included in this In mid 2004 the Group held the final newsletter along with abstracts of the forum, where the achievements of the papers by Lucie Molgat and Andrew groups were acknowledged and Braid. Their papers will appear in full in outstanding issues in resource sharing the next newsletter, due for publication were identified. Information on this final January 2006. form is available on the National Library website at The use of a Digital Rights Management http://www.nla.gov.au/initiatives/nrswg/fin System for Document Supply (Abstract) alforum.html Australian Library and Andrew Braid, Licensing and Copyright Information Association Interlibrary loans Compliance, The British Library, UK Expert Advisory Group has taken on some of the issues identified by the NRSWG. The presentation will describe the The ALIA ILLEAG will be looking at following: three main projects over the next 2 years: • The reasons for using electronic • Revision of the Interlibrary Resource delivery and electronic journals in a Sharing Code see document delivery service http://www.alia.org.au/interlibrary.lend • A brief history of use of electronic ing/code.review.html for additional journals in the British Library’s (BL) information document delivery services from • Development of an online best practice Adonis in 1988 to the Electronic resource for document delivery/ILL Storage and Retrieval system • Preparation of a paper on policy issues (ESTAR), which was implemented in relating to resource sharing' May 1999 • A brief history of electronic document Progress on the issues identified in 2004 delivery (EDD), from trials with will be reviewed late in 2005 at an satellite transmission in the mid 1980s interlibrary loan summit to be held at the to the secure electronic delivery system National Library. introduced in 2002 • The integration of electronic storage Open Session: Oslo with electronic delivery • The publisher stance relating to EDD, The Document Delivery and Resource in both copyright fee paid and statutory Sharing Section presented a programme services and why the BL adopted a entitled Perspectives on supply of solution involving secure EDD using electronic documents. The programme Adobe software is explained, with comprised three papers: reasons for the rejection of some The use of a digital rights management systems and insight into how the system for document supply. Andrew chosen system has been received by Braid (British Library, Boston Spa, UK) users.

10 Transforming document delivery in the • The strategies of a document supplier e-content environment (Abstract) (TIB) Lucie Molgat, CISTI, Ottawa, Canada German Copyright and Its System of Library users expect libraries to provide Remuneration seamless and barrier free access to To understand the German system, it is information at the desktop 24/7. In first necessary to review some important meeting these expectations, libraries recent events. cannot use the resource sharing rules that The "Börsenverein" is a trade association have governed inter-lending in the print that represents the interests of German world. Rights to access and use e-content publishers and booksellers. As far back as must be negotiated directly with 1994, the Börsenverein took legal action publishers. The approaches that libraries against my library, the TIB. The TIB is are developing to gain the rights to do the German National Library of Science document delivery for e-content will have and Technology, the largest specialist a significant impact on current economic technical library in the world. This initial models. New business models are needed court case revolved around the key that will inevitably transform the nature of question as to whether a library is inter-lending nationally and permitted to make a copy of a journal internationally. All the players - libraries, article on behalf of a customer and to users and publishers - have needs that must accept money for and advertise this be understood and met if we are to build service. new and lasting solutions. The case took five years to resolve and This presentation will examine some of the went all the way up to the highest German transformative approaches developed in court, the German Federal Supreme Court. Canada to provide electronic delivery of e- This Court finally issued the following content. ruling based on the situation of German copyright law: *** • Making a copy on the basis of a SUBITO and German concrete order is permissible Developments in Copyright Law • Sending this copy to the end user is Uwe Rosemann permissible • Sending the copy using modern This paper will address the following technical methods is permissible (post, topics: fax, e-mail) • Royalties for the copies must be paid • German copyright and its system of to the publisher. The responsibility for remuneration this lies with the • Legal action taken by international “Verwertungsgesellschaft Wort”, or publishers against subito and other “VG Wort”, an association dealing German libraries with the exploitation of rights that acts • Negotiations between STM publishers as a kind of German copyright and subito clearance centre. • Application of a DRM system Subsequently, in September 2000, an • Reforms to German copyright law • agreement was concluded between the Document delivery and electronic Börsenverein and the German government documents stating that libraries may send copies to

11 end users all over the world in any form. What is required is continued toleration of User groups were defined (academic users, the subito library service, which can be private persons, commercial users) and viewed as an inter-library loan system and rates were agreed for each group (e.g. one which should therefore remain royalty- euro for academic users, six euros for free. commercial users). These rates were included in subito's fees, for example. As These negotiations have not yet come to an a result, up to the year 2002, several end. million euros in royalties were paid out to “VG Wort”, which was charged with Before sketching out some of the problems forwarding this to the publishers and in these negotiations, three further legal authors. proceedings first need to be mentioned:

The reason for emphasising this point is • Two actions stemming from the USA that both publishers and international and the UK have been brought against competitors continue to insist that subito the German National Library of does not pay any copyright fees. Medicine (ZBMed) in Cologne with the general objective of stopping all At the end of 2002, the publishers decided document deliveries to foreign not to renew the agreement and permission countries. In response, subito ceased for any kind of electronic delivery or end user deliveries to non-German- delivery to foreign countries was denied. speaking foreign countries in May As a result, since 2003, Germany only has 2003 and now only offers the library an agreement for postal and fax deliveries service in those countries. within Germany. However, since the legal viewpoints of the German government and • On 18 June 2004, the Börsenverein and the Federal states were different to those of the International Association of the “VG Wort”, the ministries responsible Scientific, Technical and Medical for the libraries instituted arbitration Publishers took subito to court in proceedings with the aim of forcing “VG Germany with the aim of prohibiting Wort” to supply an agreement for all electronic document deliveries and electronic delivery. This process is still all forms of inter-library loans with ongoing. domestic and foreign libraries. This case has so far led to the lawyers Legal Action and Negotiations involved exchanging copious The threat of legal action against subito quantities of documents; the first court had already been posed by some of the big hearing is expected to take place in the STM publishers at the end of 2002. summer. Subsequently, in the spring of 2003, subito entered into negotiations with • On 25 June 2004, the STM representatives from the STM publishers. Association lodged a complaint with subito went into this process with the the European Commission against the following strategy in mind: Federal Republic of Germany under the heading "German Defective The negotiation is intended to tackle the Implementation of the Directive". The issue of licenses for end customers in non- "Directive" in this case refers to the German-speaking areas (Germany, EU Copyright Directive. Austria, Switzerland).

12 Taking stock of all the measures being subito is, however, able to respond taken, it would certainly be fair to qualify positively to the issue of employing a this as a worldwide, large-scale campaign DRM system. on the part of the publishers against subito and its legal foundations. Based on the results of a different project, there is a recommendation in Germany to The negotiations on an international level use the "FileOpen Web Publisher" with the publishers who have taken software as DRM. From subito's proceedings against us on a national level perspective, DRM software must fulfil have been running for approximately 2 various criteria, including the following: years and are currently heading towards a successful conclusion. There were • Differentiation between reading rights problems on many levels: and printing rights • A way of preventing an unprotected • Definitions of customer groups copy from being created on a local • Individual prices on the article, journal, workstation or publisher level • Ensuring that encryption is allowed • Who is liable - subito or the supplying • Enabling of processes in batch libraries? operation • Should subito supplying libraries be • High-performance capabilities permitted to offer other document • Enabling of differentiated collection delivery products apart from subito? procedures (e.g. forwarding in the • How can the publishers monitor library service). subito? • Should genuine electronic documents subito is preparing itself for the be incorporated too? deployment of the DRM system; the • Should a Digital Rights Management corresponding installations are being (DRM) system be employed? carried out in my library, which is where the subito computers are operated. Firstly, to make a couple of comments on these last two points. Reforming Copyright Law Finally, this paper will briefly address a What subito and the publishers have in further issue that is currently very much a mind is the idea of directly incorporating ‘hot topic’ in Germany and which further the electronic products offered by the intensifies the problems that exist between publishers in subito's services, with publishers, libraries and scientists. specific prices where applicable. That means the customer can then choose Copyright law in Germany is in the whether they wish to have immediate process of being reformed; a draft of the access to an article already available new law was published by the Ministry electronically or whether they wish to responsible in September 2004. The draft receive a PDF file within 72 hours. This bill changes the legal basis for electronic point still remains unresolved, since the document delivery services: electronic publishers imagine that subito should also document delivery is only to be permitted take into consideration the existence of in cases where the corresponding publisher any regional consortiums for electronic does not itself offer items electronically. journals and should incorporate these Otherwise only postal and fax deliveries consortiums in the pricing structure. In would still be permissible. fact, subito cannot afford to do this in this manner.

13 Since the draft bill would entail yet more Standing Committee Members restrictions on the electronic utilisation of scientific information, which are too Ms Assunta Arte numerous to elaborate here, there is Library Service CNR Potenza currently a huge campaign being mounted Via Santa Loja - Zona Industriale by the German scientific community I-85050 TITO SCALO (PZ) against this proposed law. Within the so- Italy called "Alliance for Copyright in Tel. +(39)(0971)427253 Education and Science" (Aktionsbündnis Fax +(39)(0971)427222 Urheberrecht für Bildung und Email: [email protected] Wissenschaft), virtually all the German scientific organisations, specialist Ms Kim Baker associations and groups, and more than National Library of South Africa 3000 university lecturers have signed a 139 Vermeulen Street declaration containing an amendment to 0002 PRETORIA the draft bill. It is still too early to tell South Africa what decision will eventually be made by Tel. +(27)(12)3218931x154 the German legislator. Fax +(27)(12)3255984 Email: [email protected] What will be the best strategy for surviving for a document supplier library Poul Erlandsen like TIB? For TIB subito is one important Chair of IFLA DOCDEL Section way of distributing their services, but it is National Library of Education not the only one. It will, however, take P O Box 840, 2400 NV over the results of the negotiations COPENHAGEN between subito and the publishers for its Denmark own order system, a DRM included. So it Tel. +(45)88889306 will run a subito certified system and this Fax +(45)88889392 policy probably will be pursued by all Email: [email protected] German document suppliers.

To conclude, I would like to include Ms Elmelinda Lara myself among those who demand that The University of the West Indies education and science should be able to c/o The Main Library utilize the new digital forms of distribution ST AUGISTINE, TRINDAD and acquisition of knowledge and Trinidad and Tobago information, without hindrance, and under Tel. +(868)(662)2002 fair and balanced conditions. TIB and Fax +(868)(662)9238 subito intend to help make this possible. Email: [email protected]

Ms Betty Lowery The British Library BOSTON SPA, Wetherby, West Yorkshire LS23 7BQ United Kingdom Tel. +(44)(1937)546339 Fax +(44)(1937)546333 Email: [email protected]

14 Daniel Mattes Durrett Ms Carol Smale Universidad Anahuac, Direccion de National Library of Canada Biblioteca 395 Wellington Street Apartado Postal 10844 OTTAWA, Ontario K1A ON4 MEXICO CITY 11000 Canada Mexico Tel. +(1)(613)9921752 Tel. +(52)(5)3288036 Fax +(1)(613)9964424 Fax +(52)(5)3288070 Email: [email protected] Email: [email protected]

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