From: Michelle Polchow <[log in to unmask]> Date: Fri, 8 Jun 2018 13:48:40 +0000 Hi Emily, I'd suggest that licenses should encompass a clause for* all rights* under title 17 U.S.C. (not just 107 or 108), with broad language -- *Nothing in this License shall in any way exclude, modify, or affect any of __________ University or any of its authorized users’ statutory rights under United States copyright law. *[attribution to Claire Dygert, NASIG 2015, Building Your Licensing and Negotiation Skills Toolkit.] In the digital environment, libraries continue to explore use of their exceptional rights granted under this law. I've heard it said that if libraries don't exercise these rights, courts may someday be convinced by publishers that standard library operations involving e-resources will be infringement. Copyright is vital to the operation of our educational institutions as intended, whether in a physical or digital environment. As a collective library community, it is critical to protect these rights and one way to achieve this is to make this right explicit in a license. Great question and I'd be happy to assist with any questions about licensing. Michelle Michelle Polchow, MSLIS Electronic Resources Librarian | Collection Development George Mason University Libraries 4400 University Drive, MS 2 FL Fairfax, VA 22030 Phone: 703-993-3714 ------------------------------ From: "KRISTOF, CYNTHIA" <[log in to unmask]> Date: Thu, 7 Jun 2018 15:30:59 +0000 I would highly recommend leaving CONTU out of licenses altogether. Leaving in secure electronic transmission or something to that effect is fine. Best, Cindy Kristof Head, Copyright and Document Services & Associate Professor Kent State University Libraries 1125 Risman Drive Kent, OH 44242-0001 330-672-1641 [log in to unmask] ***** From: Todd Puccio <[log in to unmask]> Date: Wed, 6 Jun 2018 13:37:59 +0000 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 [log in to unmask] ********* From: Emily Ferrier <[log in to unmask]> Date: Tue, 5 Jun 2018 19:23:33 +0000 I am very new to license negotiation, and recently asked to include a fair use clause in lieu of calling out specific uses like ILL or educational/teaching uses, which they didn’t want to include either. The response was that the license was for “for personal use and consumption only.” If you are willing to talk about how you handled the situation when they rejected both the specific uses and a generic fair use clause, please contact me off-list. Thank You! 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