[Eril-l] AI and electronic resources

Mon Jan 12 07:37:46 PST 2026

I am also struggling with the new license terms as I understand many librarians are, especially those of us w/o legal training.  Regarding AI wording in licenses..... they don't always say "AI".  I have a newly revised one that prohibits "collecting, extracting, processing, sorting, or analyzing data... through automated means" and then has a laundry list of "automated means" which although it doesn't use the term "artificial intelligence" obviously includes that.  I am still struggling with how to respond with request for wording changes.
Wiley's new "enhanced access master agreement" explicitly includes references to AI using the term, and says it is "strictly prohibited", and has multiple concerning clauses.  I am lucky that our consortia will be negotiating that license for us.

ICOLC has issued a statement on AI saying licenses saying among other things should not include unenforceable terms:   https://icolc.net/statements/icolc-statement-ai-licensing  Of course, that is just a statement of principles, not something the vendors have to comply with.   I am seeing multiple things I (and the library) cannot possibly enforce.  I put out a general statement warning our faculty that library licenses may prohibit use of AI, but I cannot guarantee they read it or will comply with it themselves, much less somehow communicate it or make their students comply.  I know we have more faculty using AI for their own legitimate research.

I am working my way through this book on licensing written for librarians.  It includes a lot of information on AI, data mining and such clauses (among other licensing issues).   It is OA online, but you can also purchase a print copy if you want.... https://www.arl.org/resources/e-resource-licensing-explained-an-a-z-licensing-guidebook-for-libraries/

Best, Theresa

Theresa Arndt
Dickinson College Library
arndtt at dickinson.edu
she/her/hers

My work hours may differ from yours.  Please do not feel obliged respond outside your normal work hours.
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Sent: Friday, January 9, 2026 4:42 PM
To: Electronic Resources in Libraries discussion list <eril-l at lists.eril-l.org>
Subject: Re: [Eril-l] AI and electronic resources

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[like]  Mueth, Sarah reacted to your message:
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From: Eril-l <eril-l-bounces at lists.eril-l.org> on behalf of Electronic Resources in Libraries discussion list via Eril-l <eril-l at lists.eril-l.org>
Sent: Friday, January 9, 2026 7:43:57 PM
To: Electronic Resources in Libraries discussion list <eril-l at lists.eril-l.org>
Subject: Re: [Eril-l] AI and electronic resources

[This email originated from outside of UNCW]

This is an interesting question, I hadn't thought about it, but is it really our responsibility?

I mean if you put up some kind of pop-up that certainly doesn't prevent them from doing it anyway. And I don't see how you would hit all the places they could access an article from - for us, once they have signed in to the system they could access them from LibGuides, Google Scholar, through a Primo search, Browzine, LibKey Nomad, and probably more places. And for us if they are already on campus, for the most part they are automatically authenticated and don't have to sign in.

In theory someone could check out a print book and scan and upload all the contents from that into an AI platform. That wouldn't be legal either, but we couldn't really know that they did it or prevent it.

At what point would the liability fall on the student or other user rather than the library?  Essentially once the user accesses a website they are agreeing to the terms of that website, so shouldn't the databases post thost terms - JSTOR has a popup when you download an article that says:  "Your use of JSTOR indicates your acceptance of the Terms & Conditions of Use and the Privacy Policy."

It seems like the best you could do is place a notice somewhere on your website near the database similar to posting a copyright notice near a copy machine or scanner saying not to do it.

Susan R. Barber
Electronic Resources Coordinator
Paul and Rosemary Trible Library
Christopher Newport University
sbarber at cnu.edu<mailto:sbarber at cnu.edu>
757-594-7046

On Fri, Jan 9, 2026 at 1:53 PM Electronic Resources in Libraries discussion list via Eril-l <eril-l at lists.eril-l.org<mailto:eril-l at lists.eril-l.org>> wrote:

Dear All,

Recently our staff were discussing the legal implications of students uploading content from our electronic resources into outside AI platforms.  While this violates copyright it will likely also violate our licensing agreements with vendors.  Our staff attorney suggested adding a popup box that users would need to click to acknowledge that they will not do it somewhere on our website for liability purposes.  We use the Springshare/Libguide platform for our website and resources.  We know that we can’t put a popup or block in all the places online that students click through to get to our resources.  How are other libraries managing this issue?

Replies on or off list would be appreciated.

Sincerely,

Kathleen M. Tobolewski, MLS
Metadata and E-Resource Management Librarian
Reeves Memorial Library
Seton Hill University
724-838-2438
ktobolewski at setonhill.edu<mailto:ktobolewski at setonhill.edu>

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