RE: Double Licenses

[Terry Cullen <tcullen@seattleu.edu>]

I don't have a problem with this license (assuming the publisher retains
the full copyright in the article), except for my comment about Clause 4
below.  It seems broad enough to accommodate fair uses.  (I've seen
licenses that say things like "You may not copy, download, or transmit any
portion of this material."  That's the sort of language that I find
objectionable.)

RE Clause 4:  Clause 6 would seem to allow faxing of downloaded and
printed articles, but restricts the number of recipients.  I guess I fail
to see the difference between uses allowed under Clause 6 and electronic
transmission without the intermediate printing step, so long as the number
of recipients is restricted.  Isn't the real issue "systematic"  
transmission, not the means?  Email-ing to a single person for scholarly
communication isn't really different in effect from snail-mailing or
faxing to them.  However, sending to an email list would seem to be
systematic redistribution, which would infringe the copyright.

Terry Cullen, Esq.
Electronic Services Librarian
Seattle University School of Law Library
950 Broadway Plaza, Tacoma, WA  98402-4470
Email:  tcullen@seattleu.edu
Phone:  253-591-7092  FAX:  253-591-6313

On Thursday, February 04, 1999 3:31 PM, anthony.watkinson 

> I cannot accept that it is necessarily wrong for a publisher to try to
> educate users especially as there are some librarians (not many now but
> more in the past) who denied that it was part of their job to do so. I
> cannot see it as "chilling" to be told, as a user, what you can do or
> cannot do under the terms of the licence which has given you access. I am
> pasting in a document, the status of which is self explanatory, which I
> wrote in 1997. The contentious bit is of course clause 4. My concern as a
> publisher was that there would be systematic sending on of an article to a
> large email list. It seems to me a legitimate concern. It is very easy to
> systematically send on documents in this way.
>
> C:TERMS AND CONDITIONS OF ONLINE ACCESS FOR AUTHORIZED USERS
>
> This document will be electronically attached to each pdf file and/or
> displayed prominently on the site.
>
> Your right of access to and use of this online article is governed by the
> following terms and conditions:
>
> 1) You agree to respect the copyright which is set out at the base of the
> first page  of this article and protects the full rights of the authors of
> the article.
> 2) You may not transfer, sell or rent the rights granted under these terms
> and  conditions.
> 3) You may not alter or modify the content or presentation in any way.
> 4) You may not  transmit electronically the article accessed except to other
> authorised users or subscribers.
> 5) You may download or print one copy of this article for research, teaching
> or  study purposes only.
> 6) You may send downloaded  and printed out copies of individual articles to
> persons who are not authorized users or subscribers for the purpose of
> scholarly communication as long as such transmission is not done on a
> systematic basis.
> 7) The publisher reserves the right to cancel your access to the journal
> which  contains this article if these terms and conditions are infringed.
> 8) If you find errors in the electronic files of, or associated with, the
> journal,  please inform the publisher on xxx
> 9) If you seek permission to use this article in ways not covered by these
> terms  and conditions, please contact our rights department at  xxx