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American Chemical Society license
I've recently run across a license that gets the "speaking out of both sides of the mouth" award, aka the "if you can't beat 'em, confuse 'em" prize. I'd be interested in hearing of possible interpretations of the following. As I read it, the first paragraph says, "You can't do anything with this material except read it. You can't print it; you can't send it to a colleague; and you shouldn't even consider using it for interlibrary loans, despite what the Copyright Law may say." Having denied one's freedoms under the Copyright Law in the first paragraph, the second paragraph then gives back some modicum of ability to actually use the material, but only if additional fees are paid to the CCC. In other words, you cannot use this material in accordance with the fair use provisions of the Copyright Law, but you may use it "beyond the fair use provisions" if you're willing to pay for it. Like package licenses on software, you agree to the provisions by proceeding to open the package. In addition to the confusing language, I'm also quite concerned by what appear to be thinly disguised "pay-per-view" provisions in this license. If not pay-per-view, it's so close to it as to not make much difference, despite the fact that almost everyone who has investigated electronic publishing has agreed that this method has the potential to wreak more havoc and cause more headaches than income tax legislation. > Journal of the American Chemical Society > > 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. Sarah Stevens-Rayburn, Librarian Space Telescope Science Institute 3700 San Martin Drive Baltimore, MD 21218 USA email: library@stsci.edu telephone: 410-338-4961 fax: 410-338-4767 home page: http://sesame.stsci.edu/library.html
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