also be offered to Authorized Users who, in the reasonable opinion of the Licensee, are visually impaired.]
| Comment: Along with specifically authorizing putting content in electronic reserves, it is worthwhile to authorize putting content in your institution’s online course management system. |
or
[For the avoidance of doubt, the Licensee may not incorporate all or any part of the Licensed Materials in [Course Packs] [and] [Electronic Reserve collections or Virtual Learning Environments] without the prior written permission of the Publisher, which may set out further terms and conditions for such usage.]
| Comment: Under this language, permission is required to use database content in course packs and electronic reserves. The first part of this license calls the licensor the “Publisher.” However, it’s common for the licensor to be an aggregator of others’ content. This language presumes that the owners of the content have authorized the aggregator/licensor to grant or deny certain permissions. Since you already paid for the content, and because it’s available to students at your institution, you might think that vendors would have no problem including content in course packs, electronic reserves, or course management systems. If this is not permitted in the agreement the vendor sends you, add it. |
PROHIBITED USES
Neither the Licensee nor Authorized Users may:
remove or alter the authors’ names or the Publisher’s copyright notices or other means of identification or disclaimers as they appear in the Licensed Materials;
| Comment: No problem. As an ethical matter and to comply with the DMCA, don’t mess with copyright management information. |
systematically make print or electronic copies of multiple extracts or make multiple copies of any part of the Licensed Materials for any purpose other than expressly permitted by this License;
| Comment: Systematic copying is not permitted under section 108(g), so this restriction is probably not a problem. It would be nice is systematic copying were defined. |
