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Re: Chemistry Journal License

Seems to me, this is an overly broad and perhaps careless provision.  It 
would seem to prohibit all quotation and even the delivery of the 
information by librarians to patrons.  It's my understanding that 
licenses can supersede fair use provisions, so I would take this 
seriously.  I have seen clauses that limit distribution but provide for 
exceptions such as these.  I would hope that the vendor would agree to 
changes -- perhaps a letter for the file would suffice to document the 

In the several times I've encountered license problems, I've found 
vendors to be pretty flexible.  I'm in a corporate library, so perhaps 
the circumstances are different.

--Dave Shumaker

Ann Okerson wrote:
> I've just read a brief license for a major chemistry journal that we want
> to add in online form to our Yale Library journals collection (we will
> keep the print as well).
> It says:  "Use of any of the copyrighted material is only for the
> individual's personal use.  Articles and portions thereof and information
> obtained from this service are not to be re-published inany media, print
> or electronic, resold, or otherwise distributed to others, including
> inter-library loan."
> A few important questions arise here for me; they are typical of many
> licenses that we encounter.  Any of your insights or thoughts, from both
> librarians and publishers, are welcome:
> 1.  The license is online -- there is no print and no signatures required.
> You click to agree and then may proceed.  This does not give the
> prospective licensee an easy opportunity to seek changes.  Comments?  Is
> this a valid license?
> 2.  Personal use:  does this language, to your mind, allow our students to
> use excerpts of articles (i.e., quotes or citations as one now uses in
> print works) in their papers? (perhaps).  Does it allow our
> faculty/researchers to use same in their scholarly publications without
> permission (doubtful, to my mind).  In short, does this license permit
> "normal"  academic/educational use? (I do not think so).
> 3.  What would you do knowing that your readers would immediately act in a
> way that might be counter to the intention of this language, even though
> their actions would be within normal academic use?
> 4.  The matter is complicated in that the resource is "free," at least for
> now.  Does "freeness" mean we should agree to terms we might otherwise
> change if this were a paid resource?  As it one day may well become?
> Thanks for your feedback.
> Ann Okerson
> Associate University Librarian
> Yale University
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