May I ask what is the date on the "Subscription Rate Explanation"?  Was
it published previous to the 23 December 1994 posting? or has it been
published since?   The dating may be part of the problem now.  I understand
(rightly or wrongly) there was a meeting in London, Eng. between the
publisher and the vendors just before Xmas.  I have been assured by two
vendors that what I posted is the correct intrepretation for the present
but that is not to say it will be that way in future years.  I know I'm
still receiving info that was issued pre-Dec. 23rd.

Esther L. Sleep
esleep@spartan.ac.brocku.ca
-------------------------
On Fri, 20 Jan 1995, Scott B. Wicks wrote:

> Esther Sleep points us to what Luigi Fort reported in his 23 December 1994
> posting 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---"  and again
> >under "Basic List Rate" is stated "We expect subscribers at this rate to
> >use the journal in accordance with their own national copyright laws."
> >According thus from G&B.
>
> Unfortunately, that is not the only message librarians are receiving from
> Gordon & Breach.  If one looks at the 'Subscription Rate Explanation'
> chart, it states that with the Base Rate, no inter library lending is
> allowed.  Unless I am mistaken, ILL activity falls within 'fair use'.  How
> can G&B state that they do not intend to supersede the rights of
> subscribers to operate with fair use provisions of their copyright laws,
> yet prohibit ILL activity?
>
> Following this chart of rates and explanations is a paragraph which states:
>
> "Through payment at the above rates, the subscriber warrants that it will
> only use the publication in accordance with the usage-privileges associated
> with the paid rate and that these usage-privileges associated with the paid
> rate and thate these usage-privileges are governed by Swiss Law.  Publisher
> and subscriber agree that any conflict arising from use exceeding the uses
> allowed for the paid rate shall be handled by an arbitrator appointed by
> the Zurich Chamber of Commerce according to its rules of arbitration."
>
> [This is an exact quote.  Any errors were entered as printed by the
publisher.]
>
> My understanding of this statement by G&B is that we forfeit US copyright
> once we make payment at one of their rates.  The usage-privileges are
> governed by Swiss Law.
>
> All I want is a consistent, final, official, and public printed document
> which states, once-and-for-all (at least for one calendar year) the
> expectations on the part of the publisher.  I want them to say that US
> copyright law supersedes any of the publisher's use restrictions.  I want
> them to clearly and publicly state that ILL activity does fall under 'fair
> use' for US customers in accordance with US law.  I want them to state that
> Swiss Law is for the Swiss.  I want this in writing, not over the phone,
> not forwarded as e-mail.  Let's see it printed in their catalogs.  Is this
> so much to ask?
>
> --Scott Wicks
>