Re: Permitted Use Clause

[David Goodman <dgoodman@phoenix.Princeton.EDU>]

Berndt's wording is better than mine.

One disagreement:

I suggest never inserting wording about course use and reserve packs,
because they are implicit in a site license, and we should avoid giving
publishers the impression that it is logically possible to give all
university users a license that does not permit such use. If every member
of a university can access the material, necessarily any subset can.

Obviously, this doesn't apply to distance learning, which if relevant is
always appropriate to address specifically.

David Goodman
Research Librarian and
Biological Sciences Bibliographer
Princeton University Library
dgoodman@princeton.edu            609-258-7785

On Thu, 11 Jul 2002 kaemper@ub.uni-stuttgart.de wrote:

> "Hundreds of copies" - of a single article by a single person??? Certainly
> not as that does not qualify as "fair use".
>
> I feel very strong about a publisher telling you that you won't have to
> pay CCC fees when in fact the license says just the opposite. Surely the
> CCC would not agree if they take notice.
>
> If you are not allowed to delete the clause, insert another clause stating
>
> "This Licence shall be deemed to complement and extend the rights of the
> Licensee under the national Copyright Act [please replace this by the
> appropriate wording for the U.S.] and nothing in this Licence shall
> constitute a waiver of any statutory rights held by the Licensee from time
> to time under that Act or any amending legislation."
>
> This would guarantee that at least fair use exemptions are not affected.
> Still, you should include separate provisions for course and reserve
> packs.
>
> Bernd-Christoph Kaemper, Stuttgart University Library
>
> Ann Okerson wrote:
>
> > Forwarding this inquiry from Jenifer Holman to the list.
> >
> > ---------- Forwarded message ----------
> > Date: Thu, 11 Jul 2002 10:37:41 EDT
> > From: holman.jeni@uwlax.edu
> > Subject: Permitted Use Clause
> >
> > I am taking a more active role in processing licenses for electronic
> > resources at my institution and came across a clause under "Permitted Use"
> > that I had not seen before. I'm wondering if any of you with more
> > experience have encountered this clause before:
> >
> > "Licensee and Authorized Users may make a printed copy of individual
> > articles for internal or personal uses provided the appropriate fees are
> > paid to the Copyright Clearance Center."
> >
> > The clause is from a license for the electronic content of the Society of
> > Applied Spectroscopy's journal Applied Spectroscopy.  The contact over at
> > SAS says that we will not be getting additional bills to be paid to the
> > Copyright Clearance Center even if our users make hundreds of copies, but
> > says that their lawyers insist that the phrase not be crossed out.
> >
> > Anyone have any history with this clause?
> >
> > Thank you
> > _________________________________________________________________
> > Jenifer S. Holman                               email: holman.jeni@uwlax.edu