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ACS journals licenses 

I wonder if anyone else is struggling with the language of the ACS
e-journal licenses.  I use the plural here on purpose, because there are
in reality two licenses.  One is available at

http://pubs.acs.org/acselec/orderform/instagr.html

This is the license that an institution must sign in order to initiate
access.  The other "license" is the one that appears to every user on
entering a journal's environment (provided below). 

                Copyright (c) 1997 by the American Chemical Society

                              License Agreement

	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 in any media, print or
	electronic, resold, or otherwise distributed to others, including
	inter-library loan.

	Licensed users, excluding document delivery services, registered with
	the Copyright Clearance Center (CCC) may make a printed copy of the
	article for internal or personal use beyond the fair use provisions of
	the US Copyright Act, provided that the appropriate fees are paid to
	the CCC. Anyone may excerpt up to 200 words per article for
	noncommercial, scholarly purposes with appropriate credit to the
	source. Permission to reuse, republish, or retransmit text must be
	sent in writing to the ACS Copyright Office, 1155 16th Street, N.W.,
	Washington, DC 20036, or via FAX to 202-872-6060.

               Click to proceed if you AGREE to these terms.

I am having some trouble understanding what this particular "click-here" 
license allows and doesn't.  The first paragraph restricts to personal
use.  The second paragraph mentions needing to pay the CCC if use goes
*beyond fair use* (implying, at least to my mind, that fair use is
allowed).  The paragraph concludes with a restriction to 200 words per
article excerption. 

Anyone want to guess if this means that fair use (personal or not) is fair
game?  And how do we feel about users "agreeing" to these terms --there's
nothing that implies whether this "click-here" license is just for each
individual or is "binding" on the entire institution. 

To provide a comparison, the license an institution actually signs says
about use:

	5. Permitted Use

	Licensee and Authorized Users may view, download, or print 
	individual articles, individual chapters, or other individual
	items from ACS Internet Journal Editions for their individual
	internal research purposes only.

	6. Prohibited Use

	Licensee agrees not to forward, transfer, sell, rent, or otherwise
	distribute or provide access to the contents of ACS Internet Journal
	Editions or any portions thereof, to any third party that is not an
	Authorized User as described herein.

	Licensee agrees not to modify, alter, or create derivative works 
	of the materials contained in ACS Internet Journal Editions
	without prior written permission from the ACS.

	Articles and other information obtained from this service are not
	to be systematically downloaded, re-published in any media, print
	or electronic, used for fee-for-service purposes (such as document
	delivery) and/or transmitted to non-subscribing members or
	institutions (such as interlibrary loan). Articles may not be
	downloaded in aggregate quantities or centrally stored for later
	retrieval. Licensee is required to notify its Authorized Users of
	these prohibited uses and will be responsible for any prohibited
	uses by Authorized Users.

There is nothing in here about fair use at all: just the statement
restricting to individual internal research purposes.

Comments anyone?

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Kimberly Parker
Chemistry Librarian
Sterling Chemistry Library
Yale University
225 Prospect Street/P.O. Box 208107     voice: (203) 432-3960
New Haven, CT  06520-8107               fax: (203) 432-3049
U.S.A.                                  kimberly.parker@yale.edu
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