Emily :

I am not a lawyer, but, I have done many licenses.

I would recommend to include language that specifically allows for :

Sharing among Colleagues

And

ILL – by the CONTU Guidelines using secure transmission.

There are many folks that believe that there is no reason to include any mention of Fair Use in the document.

Licenses cannot trump law.

Fair Use is Legal, Fair Use is Fair Use.

Just think about it --- if you didn’t have the license at all, you could still use their resources in a way that can be Fair Use, by law.  By entering into a license, you should only need to expand what you can do with the resources, the license should not constrict what you can already do.

The license expands on top of – over and above Fair Use.  You should not even need to mention it.

If the license has terms that are more restrictive than Fair Use – You should reject that language and point out, verbally, that Fair Use already allows this activity and you might as well not license the products if the license doesn’t expand the scope of your rights to use the materials.

Good Luck

Sincerely,

Todd Puccio

=====================
Todd Puccio
Director of Technical Services / Librarian
Nova Southeastern University
Martin and Gail Press
Health Professions Division Library
3200 S. University Drive
Ft. Lauderdale, FL 33328
(954)262-3114 or ext 2-3114

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