From: Eric Hellman <[log in to unmask]>
Date: Mon, 3 Mar 2014 21:09:17 -0500

replace

"Where snippets and/or bibliographic metadata are distributed”

with

"Where copyrightable snippets and/or copyrightable bibliographic
metadata are distributed”

And remember, Creative Commons Licenses cannot be used to restrict fair use:

2. Fair Dealing Rights. Nothing in this License is intended to reduce,
limit, or restrict any uses free from copyright or rights arising from
limitations or exceptions that are provided for in connection with the
copyright protection under copyright law or other applicable laws.


-Eric

*************

On Mar 2, 2014, at 2:54 PM, LIBLICENSE <[log in to unmask]> wrote:

From: "Rupp-Serrano, Karen J." <[log in to unmask]>
Date: Fri, 28 Feb 2014 18:01:39 +0000

Colleagues,

On behalf of a member of my campus community, I recently contacted a
publisher who is offering an API key for text mining.  The publisher
responded with an amendment to our current subscription agreement
which enables all users to

"access the text and data mining service online via an API to
continuously and automatically extract and index and/or process
information from the subscribed products, and load and integrate the
results on the subscriber's text-mining system for access and use by
authorized users"

And

"distribute the output externally, which may include a few lines of
query-dependent text of individual full text articles or book chapters
which will be up to a maximum length of 200 characters surrounding and
including the text entity matched ('snippets') or bibliographic
metadata.  Where snippets and/or bibliographic metadata are
distributed, they should be accompanied by a DOI link that points back
to the individual full text article or book chapter.  Further, the
output should include a creative commons proprietary notice "(C) Some
rights reserved.  This work is distributed under the terms of the
CC-BY-NC 4.0Š"  Text and data mining svcs online may be accessed by
vendors or other third parties retained by the subscriber only with
the express permission of publisher and for the index and/or process
information purposes of the subscriber"


I would be most interested in hearing from any of you as to what you
would suggest (or have successfully negotiated) be modified, struck,
added, etc., in this language to best serve the interests of the
institution and its researchers.  Perhaps we can begin to develop some
standard language that all of us can use as we move forward in this
emerging area.

Please respond directly to me (contact below) and I will summarize the
findings anonymously for the list.

Thank you,

Karen Rupp-Serrano
University of Oklahoma Libraries
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