IPD LETTER RE NETWORK RATE (Luigi Fort) Marcia Tuttle 26 Dec 1994 20:12 UTC
---------- Forwarded message ---------- Date: Fri, 23 Dec 1994 15:20:08 +0100 From: luigi.fort@gbpub.com Subject: IPD LETTER RE NETWORK RATE >From International Publishers Distibutor, Representing Gordon & Breach Science Publishers and Harwood Academic Publishers. We would like to clarify the Photocopy License and Network Rates for Gordon and Breach and Harwood Academic journals. We recognize that there has been confusion among subscribers regarding these rates, and we would like to apologize for any inconvenience. For 1995 the Network Rate was introduced as a vehicle for institutions to copy and re-sell or re-distribute journal articles without any further payment of royalties or reporting to any clearance agency. Since 1987 the Photocopy License has been included in the subscription rates to institutional subscribers in North America, Australia/NZ, and the European Community. Both the Network Rate and Photocopy License allow subscribers greater freedom than is provided under most copyright laws with respect to their use of our journals. Contrary to statements made in Ms Okerson's notice to Serialst, there is no intent on our part to supersede the rights of subscribers to operate within fair use provisions of their copyright laws if they subscribe with, or without, the Photocopy License. As it clearly states on our invoices, we begin our copyright statement with " Except as permitted under national laws or under the Photocopy License described below . . .". Following are complete explanations of these rates: Photocopy License - This is included in the regular subscription price of Gordon and Breach and Harwood journals. It allows the subscriber to make multiple photocopies of single articles in excess of the copying permitted by fair use. As is true under 'fair use', copying under the Photocopy License must be for the internal research purposes of the library's users. With this License, the subscriber does not have to report to the CCC or any other licensing organization. Network Rate - This is a license that was developed for subscribers who engage in re-distribution of copyrighted material. The key point about this rate is that the subscriber can actively re-sell or re- distribute copies of articles from our journals without being required to pay the publisher any further royalty or to report to any copyright licensing agency. The only limit is the reasonable prohibition of engaging in "re-publication", that is, duplicating and distributing full copies of issues or volumes. Alternatively, we want to make aware that we offer a document delivery service for Gordon and Breach and Harwood journals from facilities in Switzerland, USA, and Singapore. With complete access to our collections in these locations, customers can receive same-day service through fax or express mail. Libraries can set up accounts with us for uninterrupted service that is quicker than most other delivery services. Base List Rate - This is the subscription rate without the Photocopy License or Network Rate. We expect subscribers at this rate to use the journal in accordance with their own national copyright laws. In essence, this is the most restrictive rate, but the only restriction imposed on the subscriber is their own national copyright law. We'd like to point out the recent court decision regarding Texaco, where a group of publishers succeeded in obtaining a ruling in their favor regarding Texaco's excessive photocopying and re- distribution. The court recognized the need for establishing licensing fees for photocopying and, moreover, improving the ease of obtaining these licenses. We feel that a fee included in the regular subscription price better accommodates our subscribers than the reporting requirements of using such services like the CCC or other agencies. Under 'fair use' provisions, although it is well recognized how material can be used, it is not always clear what quantity of copies per article one is allowed to make. The Photocopy License simply addresses this issue by allowing the subscriber to copy beyond any quantifiable limit conveyed by fair use. The result is that the library, operating under fair use and the Photocopy License, has no further need to report copy amounts to the publisher or any regulating agency. In summary, our subscribers do not lose any rights when paying at any of these rates; they only stand to gain. We welcome any further questions you may have about your subscriptions with us. Thank you and happy holidays. For more information please contact: Luigi Fort, International Publishers Distributor, Reading, UK. Tel: +44 (0)734 560080 Fax: +44 (0)734 568211