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Re: ACS journals licenses

Kimberly Parker wrote:

>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

As with all contracts, lawyers and judges and juries are the ultimate
interpreters.

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

The use beyond 'fair use' is for licensed document delivery entities.

The 200 word restriction, as I read it, says that if you QUOTE more than
200 words directly into another publication, you have to get permission.
That is common with quotations.

>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. 

I, myself, feel "Heck, let them sue me if they don't like it" but I am
a completely trustworthy, truth seeking academic who gives credit when
due. (;-)

To me, this license is fairly clean and above board.  They do not want
to let document delivery entities, inter-library loan, etc. 'rob' them
of revenue and if they did not put something there, well then the lawyers
can argue they gave away the rights.

If I, myself, click on the item, my guess is that my university counsel
would present a very convincing argument that I did so individually
and in no way acted for the institution.

My two cents, for exactly what it is worth.

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