Subito Settlement Agreement Signed

["Janice Kuta" <kuta@stm-assoc.org>]

27 October 2008

SUBITO SETTLEMENT AGREEMENT SIGNED

Framework for electronic document delivery agreed

* Negotiations concluded between Subito e.V., the Free sState of 
Bavaria, the Boersenverein des Deutschen Buchhandels, and the 
International Association of STM Publishers:

* Litigation ends

* E-delivery of scientific articles is put on contractual footing

In October 2008, after extensive negotiations, representatives of 
Subito e.V., the Free Sstate of Bavaria in Germany, the 
Borsenverein des Deutschen Buchandels e.V. and the International 
Association of STM Publishers signed a Settlement Agreement that 
ends the litigation over the legality of digital delivery of 
scientific documents within German-speaking countries.

The terms of the settlement agreement, reached after extensive 
negotiations, permits the member libraries of the Subito 
consortium to seek licences from individual publishers to 
reproduce and electronically deliver any article requested by 
students, private persons or business within Germany, Austria, 
Liechtenstein and Switzerland. Publishers set a rate for the 
delivery of documents to private persons and for businesses. 
Students, public and non-commercial libraries as well as 
academics benefit from a substantial discount under the 
agreement.

Speaking about theCommenting on the agreement, Michael Mabe, CEO 
of STM said: "I am delighted that we have been able to reach a 
settlement in this long-running dispute that This agreement not 
only respects publishers' rights but also facilitates the 
electronic delivery of documents to users. Respect for rights 
enhances not diminishes the unique possibilities of digital 
technology, and does not limit access.  We are delighted that 
this long-running dispute has been settled."

STM's position (http://www.stm-processing.org/STM_position.php) 
is that delivery of digital copies of STM publisher materials 
across national boundaries cannot be condoned under any kind of 
national copyright exception or mandatory licence, and can only 
be done (or not) with direct publisher authorization.  STM 
publishers are heavily involved in the international digital 
marketplace, and have made significant investments in providing 
access to journals, collections of journals, and to individual 
articles.

This agreement complements the so-called international framework 
agreement between various STM publishers and Subito e.V. 
concluded in July 2006. The Settlement Agreement signed now takes 
into account the new German Copyright Act which entered into 
force in 2008. The text of the licensing framework agreement may 
be accessed or downloaded at www.stm-assoc.org/subito and at 
www.boersenverein.de . ***

STM is an international association of about 100 scientific, 
technical, medical and scholarly publishers, collectively 
responsible for more than 60% of the global annual output of 
research articles, 55% of the active research journals and the 
publication of tens of thousands of print and electronic books, 
reference works and databases. We are the only international 
trade association equally representing all types of STM 
publishers - large and small companies, not for profit 
organizations, learned societies, traditional, primary, secondary 
publishers and new entrants to global publishing.

For further information, please contact:

Michael Mabe, STM email mabe@stm-assoc.org or phone +44 1865 339321

Janice E. Kuta
Director of Marketing & Membership
International Association of Scientific, Technical & Medical Publishers
E-mail: kuta@stm-assoc.org
Tel: 212-533-0832
Fax: 212-420-8407
www.stm-assoc.org