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ARTStor license change: Shared Content and Shared Forums



Hi,

  What do you think of the new terms added to ARTSTor?

My library received yesterday the modified terms and conditions 
from ARTStor.  It added a new section of "Shared Content and 
Shared Forums." See the full text below.

I called ARTStor asking if I, a local ARTStor admin person, has 
any control of the "Shared Content and Shared Forums" by turning 
them on and off.  The person who answered my call could not 
answer and forwarded me to an voicemail.

Here is the added section:

"Shared Content and Shared Forums.  ARTstor may make available 
through the ARTstor Digital Library or the ARTstor website 
certain Shared Forums, such as blogs, wikis, or other shared 
spaces that are accessible to all ARTstor Digital Library 
participants or that are openly accessible without access 
limitations via the Internet, and that users can post content to 
or share with others, as a service to encourage the exchange of 
information or ideas.  Any materials or content of any kind 
posted to or shared through such Shared Forums are defined as 
"Shared Content."  Notwithstanding the foregoing, Shared Content 
expressly excludes content from the ARTstor Digital Library, as 
well as your institution's Local Content, unless an authorized 
administrator from your institution has shared your institution's 
Local Content via those Shared Forums.

You represent and warrant that all Shared Content that you post 
to or share via Shared Forums shall not infringe or violate any 
third party right of any kind.  ARTstor shall not in any way be 
liable, and You agree to hold ARTstor harmless, for such Shared 
Forums, Shared Content, and for any use of Shared Content, 
including without limitation the distribution, display, 
performance, reproduction, adaptation or modification of Shared 
Content, or the removal of such Shared Content from Shared 
Forums.  ARTstor does not control, takes no responsibility for, 
makes no representations or warranties about, and does not 
endorse, any Shared Content, or any third-party sites or 
materials accessible through links in such Shared Forums, or 
through the ARTstor Digital Library or the ARTstor website. 
Should you post Shared Content to such Shared Forums, you 
automatically grant a perpetual, worldwide, nonexclusive, 
free-of-charge license to all individuals and institutions 
accessing that Shared Content to reproduce, distribute, make 
public performances of, publicly display, and make adaptations or 
modifications of such Shared Content for the purposes for which 
such Shared Content was originally posted, and all related uses. 
ARTstor reserves the right to remove Shared Content should such 
Shared Content violate these Terms and Conditions of Use or to 
facilitate the administration of Shared Forums, and to 
discontinue any Shared Forum and remove Shared Content made 
available through that Shared Forum at any time."

---

Xiaotian Chen
Electronic Services Librarian
Bradley University
Peoria, Illinois 61625