GORDON AND BREACH AND HARWOOD ACADEMIC JOURNALS The National Library of Australia has received a letter from Blackwell's Oxford regarding its 1995 subscription renewals to academic journals published by Gordon and Breach and Harwood. The letter explains that Gordon and Breach have introduced a network subscription rate "for subscribers with extraordinary need to copy or redistribute exceeding the rights granted by copyright laws...". This library has been put into a category which requires this payment.
The methodology for calculating the rate is explained, and it seems that each journal will cost between 3 and 6 times its base rate (the more expensive journals are 3 times, the less are 6 times). This will vary also according to the type of library (academic/corporate/government).
Blackwell's have sought our advice before proceeding with renewals. The letter continues: "We understand ... that if you are prepared to write to Gordon and Breach categorically stating that you will only "photocopy individual articles within fair use" ... you need only pay the base rate."
Blackwell's have enclosed a copy of a letter from International Publishers Distributor which sets out the various categories of libraries and possibilities of use. The definition of fair use implied (but not stated explicitly) in that letter would seem to preclude any possibility of interlibrary lending without payment of the Network Rate. The letter includes the statement:
"Through payment of 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 are governed by Swiss law. Publishers 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 Library permits copying only in accordance with the Australian Copyright Act 1968. It would seem that in order to enjoy those rights given to us by law, we are being asked to pay from three to six times the base rate for the journal.
It also seems that Gordon and Breach are seeking to use contractual licensing to impose what they allege to be Swiss standards of "fair use" on libraries in other jurisdictions. Aside from the casual overlooking of the fact that the real fair use standards to be applied are those of the country in which copying takes place, this appears to signal a dangerous trend in the use of contracts to subvert the balance set by copyright law in the public interest.
I would be interested to receive any comment on this.
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