Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/155

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
Chapter Seven. Licensing
139


Download a copy of individual articles or items of the Licensed Materials and share the same with Authorized Users or other individual scholars collaborating in a specific research project with such Authorized Users provided that it is held and accessibly within a closed network that is not accessible to any person not directly involved in such collaboration and provided that it is deleted from such network immediately upon completion of the collaboration.

Comment: These uses are expressly permitted under the license. Make sure you read this section carefully. Regarding the last permitted use, you could be more succinct (and a little more encompassing) by using the following language: “Distribute a copy of individual articles or items of the Licensed Materials in any format to other Authorized Users, including copies to students enrolled in a class or those who attend educational programs sponsored by the Licensee’s institution.”

[Nothing in this License shall in any way exclude, modify or affect any of the Licensee’s rights under Copyright Revision Act 1976 as amended subsequently provided that such rights are exercised in accordance with Section 108 of the Act and with the guidelines developed by the National Commission on New Technological Uses of Copyrighted Works (CONTU Guidelines) and published in U.S. Copyright Office Circular 21.]

Comment: This is acceptable, but the language below is better.

or

[Nothing in this License shall in any way exclude, modify or affect any of the Licensee’s statutory rights under the copyright laws of {jurisdiction}]

Comment: The first clause above references only the section 108 library exception and the CONTU guidelines. The second clause is broader and better: it encompasses all exemptions in the Copyright Act, including fair use, the library exception, and the public performance exception.

SUPPLY OF COPIES TO OTHER LIBRARIES

[The Licensee may, subject to clause 6 below, supply to an Authorized User of another library {within the same country as the Licensee} (whether by post or fax [or secure transmission, using Ariel or its equivalent, whereby the electronic file is deleted immediately after printing]), for the purposes of research or private study and not for Commercial Use, a single