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

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*****

 

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

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******* 

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!
Emily

Emily Ferrier
Library | Senior Librarian
She/her/hers
Olin College of Engineering
1000 Olin Way| Needham, MA 02492
Tel:   781-292-2386 | http://library.olin.edu
Leading the Revolution in Engineering Education