Licensing Digital Content

copyrightlaws.com » December 2011, LEH-Letter: Copyright, New Media Law & E-Commerce News

2011-12-19T09:31:00.000-05:00

copyrightlaws.com » December 2011, LEH-Letter: Copyright, New Media Law & E-Commerce News

copyrightlaws.com » Copyright Laws in Canada – Update and Course

2011-09-19T13:05:00.000-04:00

copyrightlaws.com » Copyright Laws in Canada – Update and Course

copyrightlaws.com » Copyright Education – Australia Speaks

2011-09-13T14:53:00.000-04:00

copyrightlaws.com » Copyright Education – Australia Speaks

copyrightlaws.com » Museums, Copyright and Licensing: Museums both Licensors and Licensees

2011-09-07T14:00:00.000-04:00

copyrightlaws.com » Museums, Copyright and Licensing: Museums both Licensors and Licensees, new article examining the relevant issues.

copyrightlaws.com » U.S. Copyright Office Article on Copyright Course

2011-09-06T11:30:00.000-04:00

copyrightlaws.com » U.S. Copyright Office Article on Copyright Course in which we visited the U.S. Copyright Office.

copyrightlaws.com » Licensing Agreement Panel @ AALL 2011 in Philadelphia

2011-07-27T21:07:00.000-04:00

copyrightlaws.com » Licensing Agreement Panel @ AALL 2011 in Philadelphia75 minutes of Qs & As on licensing digital content by librarians.

copyrightlaws.com » Digital Licensing, Clicking “I Agree”, E-Book & iPad Licensing

2011-07-26T10:20:00.000-04:00

copyrightlaws.com » Digital Licensing, Clicking “I Agree”, E-Book & iPad LicensingSpecial Copyright Newsletter issue on digital licensing.

Newsletter to Feature Digital Licensing

2011-06-18T13:23:00.000-04:00

Volume 2011 Issue 2 (available Summer 2011) will feature the topic of digital licensing. Each article in The Copyright & New Media Law Newsletter (published since 1997) will feature a unique aspect of digital licensing from the author's, owner's and consumer's perspective on licensing content.

copyrightlaws.com » Misconceptions about Licensing Electronic Content and E-Rights

2011-05-15T16:27:00.000-04:00

copyrightlaws.com » Misconceptions about Licensing Electronic Content and E-Rights new article

copyrightlaws.com » Permissions and Licensing as focus in Copyright Laws Newsletter

2011-05-11T11:25:00.000-04:00

copyrightlaws.com » Permissions and Licensing as focus in Copyright Laws Newsletter Newsletter wants your input.

copyrightlaws.com » Copyright risk management as key to copyright compliance – a short checklist

2011-03-24T16:46:00.000-04:00

copyrightlaws.com » Copyright risk management as key to copyright compliance – a short checklist

copyrightlaws.com » Jobs with Copyright Functions @ Twitter, Amazon, Library of Congress and more

2011-03-15T09:37:00.000-04:00

copyrightlaws.com » Jobs with Copyright Functions @ Twitter, Amazon, Library of Congress and more

Licensing Digital Content - available in print and electronic format

2011-03-03T13:03:00.001-05:00

copyrightlaws.com » New Article on Obtaining Copyright Permission to Use Digital and Online Content

2011-03-01T10:17:00.000-05:00

copyrightlaws.com » New Article on Obtaining Copyright Permission to Use Digital and Online Content

Licensing Digital Content @Copyrightlaws on Twitter

2011-02-24T14:19:00.002-05:00

See copyrightlaws.com

2010-03-27T07:38:00.002-04:00

I am no longer posting to this blog. All the content in this blog and much more is now at www.copyrightlaws.com. Specifically, visit the subject Licensing Digital Content, and the tag, licensing, to view content on licensing digital content. Thank you for all your comments on this blog - and please visit us and post your comments at copyrightlaws.com.

Lesley

14 April 2010 @ Computers in Libraries 2010

2010-01-07T21:26:00.000-05:00

If you are in the DC area (Crystal City, Virginia), consider attending a session on:
Licensing Content & Creative Commons @ CIL 2010 from 11:30 AM - 12:15 PM

Here's the description from the conference brochure:

A302 – Licensing Content & Creative Commons (CC)
11:30 AM – 12:15 PM
Lesley Ellen Harris, Author, Licensing Digital Content: A Practical Guide for Librarians
Michael P Sauers, Technology Innovation Librarian, Technology & Access Services, Nebraska Library Commission Chair, Information Technology and Access Round Table (ITART), Nebraska Library Association (NLA)
With the debate over copyright raging, some are calling for the end of the “all rights reserved” regime; schools and libraries are caught in the middle. What are the alternatives? Harris discusses licensing issues and strategies especially appropriate for libraries. Sauers talks about the principles of CC, the most respected alternative available today with its idea of “some rights reserved” as set by the content creators themselves. He shows how you can easily apply it to your intellectual property today, and how you can use CC to find material that you and your patrons can legally reuse in the creation of new content.

Licensing strategy book for museums

2010-01-05T09:59:00.002-05:00

The book A Canadian Museum’s Guide to Developing a Licensing Strategy is currently being updated to take into account the nature of licensing by museums, archives and other cultural institutions in 2010 and beyond. The 2nd edition of the book will discuss direct licensing from institutions as well as third party licensing, and licensing strategies in relation to publishing e-books, and posting content on social networking sites including flickr, Facebook and Youtube. The first edition of this book, published by CHIN, is at http://www.pro.rcip-chin.gc.ca/propriete_intellectuelle-intellectual_property/guide_elaboration-guide_developing/index-eng.jsp . The book includes information on issues specific to Canadian institutions, however much of the information on developing a licensing strategy is global and relevant to all.

One chapter of the book includes questions and answers on licensing strategies. Do you have questions? Please email them to me or post them at www.copyrightanswers.blogspot.com, so they can be anonymously addressed in the 2nd edition of the book. Also, I would like to hear any interesting licensing situations your institution has recently been involved in. All information will be kept confidential.

Thanks!

Lesley

Review in Information Today

2010-01-04T10:35:00.000-05:00

The November 2009 issue of Information Today has a review by librarian Gwen M. Gregory of Licensing Digital Content: A Practical Guide for Librarians. The article, titled "I'm Not a Lawyer, I Just Play One at the Library" is at http://www.allbusiness.com/legal/contracts-law-licensing-agreements/13420283-1.html.

Foreign Rights

2009-12-08T10:47:00.002-05:00

Ess and Ess Publications of New Delhi, India has bought the rights for Licensing Digital Content by Lesley Ellen Harris from ALA Editions, the publisher. The book will be an exact reprint of the original, in paperback, for distribution in India, Pakistan, Sri Lanka and Bangladesh. Publication is expected in the spring of 2010. Ess and Ess is the major LIS publisher in central Asia.

For further information and enquiries on acquiring rights in other jurisdictions, email J. Michael Jeffers at ALA Editions at jjeffers@ala.org.

Developing A Copyright Policy

2009-10-19T13:39:00.002-04:00

Still time to join the online course, Developing A Copyright Policy, which begins on October 19, 2009. Whether your policy addresses licensing issues, interlibrary loans, or your CCC or Access Copyright License, take the time to prepare a draft copyright policy tailored towards your organization, during this 6 weeks hands-on course. Register at www.acteva.com/go/copyright.

Lesley

Defining Noncommercial uses

2009-09-15T10:07:00.000-04:00

Creative Commons published a study on September 14, 2009, Defining “Noncommercial”: A Study of How the Online Population Understands “Noncomemrcial Use”. See http://wiki.creativecommons.org/Defining_Noncommercial.

This Study was commissioned by Creative Commons in 2008-2009 from a professional market research firm to delve into the meaning of “commercial” and “noncommercial” use in relation to online content.

One quote from the Executive Summary: “Perceptions of the many use cases studied suggest that with the exception of uses that earn users money or involve advertising – at least until specific case scenarios are presented that disrupt those generalized views of commerciality – there is more uncertainty than clarity around whether specific uses of online content are commercial or noncommercial.”

Back from Copenhagen, Denmark

2009-08-24T12:14:00.002-04:00

I have just arrived home from Copenhagen where I taught a day and a half seminar to librarians and consortia from Copenhagen and Sweden on digital licensing. The seminar touched upon many of the issues in the book Licensing Digital Content, and we also reviewed and critiqued various license agreements.

If you would like an in-person or online seminar for your group, please email Lesley: "contact @ copyrightlaws . com"

2009-05-29T09:38:00.003-04:00

Contents

Acknowledgements
Introduction
Note to Canadian and Other Non-U.S. Readers
Quick-Starter tips for a Successful Agreement

1. When to License

2. Demystifying the Licensing Experience

3. Learning the Lingo

4. Key Digital Licensing Clauses

5. Boilerplate Clauses

6. Un-intimidating Negotiations

7. Questions and Answers on Licensing

8. Go License!

Appendixes
A. Section 107 of the U.S. Copyright Act on Fair Use
B. Section 108 of the U.S. Copyright Act on Interlibrary Loan
C. Digital Licensing Clauses Checklist

Glossary
Online Resources
Index

Quick Tips When Negotiating a License

2009-05-29T09:28:00.002-04:00

Licensing Digital Content is packed with tips and practical advice on negotiating and interpreting license agreements. Here are some quick tips (further elaborated in the book) when negotiating licenses:

1. Avoid oral licenses.

2. Before reading any license agreement offered to you, write down on a blank piece of paper the "must-haves" for this license arrangement.

3. Understand your obligations.

4. Cover all issues.

5. Avoid legal language.

6. Use consistent words and terms.

7. Each license agreement is unique.

8. Be creative, patient, and flexible.

9. Know when to walk away.

An exciting day

2009-05-20T16:42:00.004-04:00

Today when I returned home was a box from ALA Editions on my doorstep. The first of a batch of copies of the brand new edition of Licensing Digital Content -- the first time I've seen this book in person. I quickly and carefully opened the box and pulled out a copy. What a thrill to see the shining new cover actually on a book (rather than in a PDF file on my computer screen.) I touched the covers of the smooth book, flipped it over, fanned the pages, and brought the fanned pages to my nose to breath in the fresh new pages and never opened book. Mmm. Then I flipped through each page from the praise for the previous edition to the copyright notice to title page to the acknowledments (to my parents) to the Table of Contents, then through each and every page.

This is the 7th opportunity to have this experience. It is my 7th published book (not including translations of my books into French and Chinese) and the thrill remains. After much work and worry and deadlines and interesting research and writing and rewriting and reviewing edits and more, there is no greater thrill than to complete a book one is satisfied with. I thank everyone at ALA Editions and beyond who helped me through this process. And I hope that the thrill to my readers and the information within the book meets your goals.

Lesley

DC Book Signing: Licensing Digital Content

2009-05-07T14:29:00.003-04:00

I will be signing books at the DC Convention Center on Sunday June 14 @ 4:30 pm as part of the Special Library Association Convention. It's in Exhibit Hall, Booth 639.

Hope to see you there!

Lesley

ORDER the book now

2009-05-06T14:59:00.003-04:00

Order a copy of the 2nd ed of Licensing Digital Content at: http://www.alastore.ala.org/detail.aspx?ID=2630. Canadians may order the book from the Canadian Library Association. Others outside the U.S. may order the book from Amazon.

The revised second edition of this popular one-stop resource covers the basics of digital licensing for librarians in a plain-language approach that demystifies the process. Written from the librarian perspective, this second edition

•Updates licensing terminology and changes in technology
•Covers opportunities for cost savings
•Includes further information on the global aspects of licensing
•Explains how to educate organizations that have signed license agreements

Librarians play a unique role in license agreements and this book, which also includes a comprehensive checklist for a digital license, gives library professionals and students the tools needed to negotiate and organize license agreements.

Licensing from the global perspective

2009-05-05T14:19:00.002-04:00

Copyright Quiz 2.0 was added today to www.copyrightlawscom.blogspot.com. This quiz focusses on international copyright issues and includes questions related to licensing digital content. Try the quiz!

Lesley

Sample Licensing Policy for a Library

2009-05-05T10:29:00.005-04:00

Below is an excerpt from Chapter 3 of Licensing Digital Content, 2nd ed.

LICENSING POLICY FOR ABC LIBRARY OF XYZ ORGANIZATION

I. Purpose of Policy
The purpose of this policy is to educate ABC Library staff about licensing basics and to provide a consistent procedure for licensing content for the library and organization. It is not intended to act as a substitute for legal advice, and proper legal advice should be obtained when necessary.

II. What Is a License Agreement?
A license agreement is a written contract between a user and a content owner that sets out the terms and conditions under which a user can use content. As a content owner, you require a license agreement whenever someone else wants to use your content. As a user of content, you need a license agreement whenever you use the content of others. For example, if the library or other department wishes to use a photograph or newsletter article on its or the organization’s website, the library must enter into a license agreement with the photographer or writer (or perhaps their employer if they own the rights) to do so. A license agreement is necessary, for example, for accessing online journals and electronic databases.

III. Basics of License Agreements
As license agreements are legal contracts, it is important to understand the basics of contract law. A contract will help to set out the relationship between the parties and can help avoid future conflict. It sets out the rights and obligations of each party.

Contract Basics
A valid contract has the following three components:
An offer to do something or refrain from doing something (e.g., to purchase a book or to license software or an electronic database)

Acceptance of the offer

Consideration. Consideration is of some value in the eyes of the law. Money is a common form of consideration. However, a promise to perform a service or supply goods is another form.

Common Clauses in License Agreements
License agreements are open to considerable creativity by the parties involved. However, it is important that a license agreement contain the following basic clauses:

Parties to the contract. A license agreement should state the legal names and addresses of the parties who are subject to the agreement.

Purpose of the contract. The purpose of the license agreement should be set forth. For example, to license software, photographs, or a database.

Rights and obligations of each party. The rights and obligations of each party should be set out in the license agreement. For example, the photographer is to provide the library with a high-quality version of the photo for the library to include on its website, while the library must ensure that only library patrons are allowed to view the photograph. In another example, a database vendor may provide on its server or on DVD the requested electronic database for library staff and patrons to access on the premises of the library and possibly elsewhere.

Usage of content. The license agreement should set forth how content can be used and how long it can be used. For example, a photograph may only be used on the library’s website for a period of one year, or an online journal may be accessed for one year on the premises of the library or through the library’s or organization’s server from anywhere in the world.

Compensation. This clause sets out how much compensation will be provided to the content owner for use of the licensed materials.

Copyright ownership. The agreement should discuss ownership of copyright. For example, an author retains ownership in software or a database and only licenses this content to the library and organization.

Warranties. Warranties in a license agreement set out promises that parties have made. For example, the content owner warrants that he is the owner of the content he is licensing to the library.

The license agreement may have a number of general provisions relating to such things as applicable law, arbitration, and so on. The library’s or organization’s lawyer will be of assistance in ensuring that these general provisions protect the interests of the library and comply with any institutional policies.

IV. How to License Content at ABC Library
Below is an overview on how content is generally licensed at the ABC Library and XYZ Organization. Consult Frances Cohen, Electronic Resource Librarian, frances@abclibrary.com, tel. 202.xxx.xxxx, prior to licensing any content for our library.

If you wish to use content that the library or organization does not own, or if another party wishes to use content that the library or organization owns, a license agreement must be entered into. If you are provided with a license for the use of digital content that seems to be complete and not subject to negotiation, the first question you must ask the supplier of that content is whether the license is negotiable. Even if the content owner says that the license is not negotiable, if there are terms and conditions in the license that do not work for the library or organization, try to amend these clauses. Often, even apparently nonnegotiable licenses are negotiable.

Before negotiating a license agreement, it is important to first determine whether the library or organization has entered into a similar license agreement. This can be done by looking at the ABC Library Licensing Binder (also available on our intranet), which has categorized all of our organization’s license agreements by subject area (i.e., website, software, journals, periodicals, database, etc.) as well as by name of the publisher or content owner. It is also worth double-checking to make sure the license does not conflict or overlap with existing licenses, including ones to which our library is bound through a consortium.

If you find that similar content has been licensed in a previous license, examine the clauses in that other agreement, and find out if any of the clauses were problematic for the parties involved. For example, did the library run into problems with usage restrictions imposed by the content owner that prevented patrons from accessing material? If the similar content was not covered in a previous contract, then look at other agreements in the binder to see if the arrangements between the parties are similar to the type of arrangement you wish to have. Determine how this new situation differs from previous arrangements and if there were any problems in the past that you can avoid this time.

Write down the basics that you wish to have covered by your new license agreement. Make sure that you speak with the library’s or organization’s lawyer [who may or may not have experience in copyright law], the acquisitions librarian, the budget office, and the reference librarian. Before developing any kind of license agreement, it is important to talk to a copyright lawyer [who may or may not be the same person as your library’s or organization’s lawyer]. You can discuss what sorts of clauses did not work in past license agreements and get an idea of how to resolve these problems in the future.

It is important to remember that license agreements will differ and will need to be adapted to meet the changing needs of the library or organization. Before signing a license agreement, review its wording carefully to ensure that you know what it means, and consult our copyright lawyer to ensure that you are clear on its meaning. Remember that you may not be authorized to sign an agreement on our library’s or organization’s behalf and you may need to seek the authorized person to do so.

V. Frequently Asked Questions
[The “frequently asked questions” section of the policy should set out questions that arise from each licensing arrangement. Chapter 7 provides a number of questions and answers that would be useful to add here, but you should continue to update this section with questions that arise in your library or organization.]

Updated June 1, 2009.

2nd Edition Now Available for Sale

2009-03-31T20:47:00.001-04:00

Order a copy of the 2nd ed of Licensing Digital Content at: http://www.alastore.ala.org/detail.aspx?ID=2630.

The revised second edition of this popular one-stop resource covers the basics of digital licensing for librarians in a plain-language approach that demystifies the process. Written from the librarian perspective, this second edition

•Updates licensing terminology and changes in technology
•Covers opportunities for cost savings
•Includes further information on the global aspects of licensing
•Explains how to educate organizations that have signed license agreements

Librarians play a unique role in license agreements and this book, which also includes a comprehensive checklist for a digital license, gives library professionals and students the tools needed to negotiate and organize license agreements.

Discount to 2nd edition

2009-03-21T21:14:00.005-04:00

Anyone who registers in a course offered by Copyrightlaws.com will be provided with a discount coupon for the purchase of the 2nd ed. of Licensing Digital Content. Information on the April courses offered by Copyrightlaws.com and the joint Copyrightlaws.com/SLA Click University copyright program is below and also at www.copyrightlawscom.blogspot.com.

Lesley

Court case: Aggregators can license municipal gov't records

2009-02-19T08:51:00.003-05:00

On February 5th, 2009, the California Court of Appeals for the Sixth Appellate District released its decision in
California first Amendment Coalition v. County of Santa Clara.

In this case, the County of Santa Clara tried to enforce copyright in public records and to impose licensing restrictions (resulting in license fees) on commercial vendors. California first Amendment Coalition (CFAC) sued the county to release the public records. The Court rejected the argument that municipalities could claim copyright in public records or impose license fees. The Court dismissed adverse decisions from other jurisdictions. Now, a copyright claim in a California public record must have an express and specific grant of authority by the legislature. This means that aggregators may freely include California public records in its databases and license them to others (unless there is an appeal and reversal by the California Supreme Court or an enactment of legislation.)

This decision is at: http://www.courtinfo.ca.gov/opinions/documents/H031658.PDF

Online licensing resources

2009-01-29T14:54:00.000-05:00

Some resources I use:

Yale University Library Liblicense, Licensing Digital Information, provides descriptions of licensing terms, sample licenses, license vocabulary, various links to other resources, and an opportunity to join the Internet discussion list, LIBLICENSE-L, on electronic content licensing for academic and research libraries. See http://www.library.yale.edu/~llicense/.

The University of Texas has a variety of information on copyright and intellectual property. See. http://www.utsystem.edu/ogc/intellectualproperty/index.htm.

Stanford University Libraries – Copyright and Fair Use – has extensive information on copyright including information on copyright, fair use and permissions. See http://fairuse.stanford.edu/

The EBLIDA (European Bureau of Library, Information and Documentation Associations) site is more focused on Europe, and has information and links on licensing in general, including consortia. See http://www.eblida.org.

The Copyright Advisory Office of Columbia University Libraries/Information Services has various resources on fair use and permissions. See http://www.copyright.columbia.edu/.

The International Federation of Library Associations and Institutions (IFLA) has various documents on license agreements. See http://www.ifla.org.

The California Digital Library (CDL) has general licensing information, and a standard license agreement and explanation of clauses in the agreement, for use between a publisher and the CDL. See http://www.cdlib.org/vendors/coll_dev_contact_info.html.

Please share any licensing resources you use by commenting on this post.

Lesley

Non-U.S. Readers

2009-01-08T11:39:00.003-05:00

I am often asked whether Licensing Digital Content is solely for U.S. readers or is applicable to others.

Digital licensing by its very nature is global licensing. We license the content we need -- whether it is published in our own country or in another country. And when we license content from within our own country, often that licensed content is used and accessed by the licensee's employees and consultants while travelling outside the country.

This book addresses license agreements by U.S. libraries, by Canadian libraries, and by libraries all around the world.

Lesley

Questions & Answers on Licensing

2008-12-01T11:18:00.001-05:00

Have a question on licensing? Please post it below as a comment. Thanks.

Lesley

SERU

2008-11-24T10:59:00.000-05:00

On November 20, 2008, I attended a seminar on Licensing organized by the SSP (Society of Scholarly Publishing) in Washington DC. A presentation by Karla Hahn, Association for Research Libraries, focussed on SERU. SERU is not a standard license agreement but is a set of terms publishers and librarians/educators/researchers can use to base a relationship on when using digital content. Such use is based on recommended practises and would not be legally binding. It is an alternative to a license agreement and could be used for example when the time and money involved to access content is relatively small and a negotiated written license agreement would be more than is necessary in the circumstances. SERU is intended for U.S. content owners and users and according to Karla, there are no equivalent practises in Canada or other other countries.

See SERU at: http://www.niso.org/workrooms/seru.

Lesley

Content only in electronic formats

2008-11-11T10:50:00.002-05:00

As more and more content/periodicals/journals/databases, etc., are only available in electronic formats and not in print formats, will the nature of your licensing arrangements change?

Please post your comments below.

Lesley

Payment Models for Licenses

2008-11-11T10:37:00.002-05:00

Do you think any sort of trend has emerged re how we pay for licensed content? In other words, are libraries paying on a PER USE basis, or as annaul, quarterly, etc., SUBSCRIPTION FEES, or otherwise?

Please share your comments on whether a trend is emerging, by posting a comment below.

Lesley

Defining Definitions in License Agreements

2008-09-24T13:12:00.003-04:00

This draft article is a work-in-progress and will be published later this year in The Copyright & New Media Law Newsletter (Vol. 2008, Issue 4.) Please provide any comments for making this article more useful to all who license! Thanks.

DEFINING DEFINITIONS IN LICENSE AGREEMENTS

By Lesley Ellen Harris

Most license agreements for the use of digital content, from electronic databases to online journals and periodicals, contain at least a sentence and perhaps a paragraph or page, defining certain terms or words used in the license.

When To Define

Although the definitions in a license may seem straightforward when reviewing a license offered to you, or “minor” compared to other clauses in the license, do not underestimate their importance. Definitions can define the parameter of the license. Take the time to carefully review the wording used to define terms in the license, and when reviewing the license itself, be alert for other terms that you may need to provide an explicit definition for. The way words are defined should meet your needs and expectations. The definitions may affect other parts of the agreement, and you always want to ensure that you are licensing content in the manner that works for you.

Of course, it is neither necessary nor possible to define each term used in a license, so you need to choose which terms require an explicit definition. One rule of thumb is to ask yourself whether the term is being used as ordinarily defined in the dictionary, or whether it has a “special” definition for purposes of your license. In other words, if the dictionary meaning applies to your use of the term, no need to set out that definition in your license. However, if the term has its own meaning in the context of your license, best to set out that definition so both parties to the license are in agreement over the definition as it applies to your context.

Definitions, like all clauses in a license, may be subject to negotiation. If a vendor offers you a narrow definition of authorized users and you need to more broadly define authorized users, let the vendor know. This term may be part of your negotiations.

If you have more than one license with the same publisher for different content, you may use different definitions in each license, since the definitions may vary vis-à-vis different content, and your uses of that content.

Words to Define

Terms you should consider defining include:
• Commercial use
• Content (being licensed)
• Interlibrary loan
• Licensed content
• Premises
• Territory
• Not for profit
• Non-commercial
• Educational use

Authorized uses and authorized users may also be specifically defined in your definitions section, though in longer agreements, they are often defined in some detail as their own clauses in the body of the agreement.

Doing some general online searches, I came across a variety of licenses which I will share with you to show how different licenses deal with definitions of terms.

In the LexisNexis Academic & Library Solutions Subscriber License Agreement (http://www.nlc.state.ne.us/netserv/lncontract_rev_20040421.pdf), the definition of terms was found at the beginning of the five page agreement and the following definitions were included:
• Services: LNA&LS Web-based, subscriptions services for academic institutions, public library systems, and other libraries, including all such services currently offered and any which may be offered in the future.
• Subscription: Access to and use of the Services by a single Subscribing Institution under the terms of this Agreement.
Authorized Users and Subscription Period were also defined, but are not included in this article due to space limitations herein.

In the H.W. Wilson General Database License Agreement (http://www.hwwilson.com/abouthw/WilsonDatabaseLicense06.pdf), the definition of terms was found at the end of the seven page agreement where the following 16 terms were defined. Again, due to space limitations, only the wording for certain definitions is set out below.
• Authorized User
• Subject Database. The databasae or databases owned or licensed by Wilson to which Subscriber has notified Wilson that Subscriber desires access to for its Authorized Users.
• Order Form
• Subscriber. Those persons or entities that have assented to the terms of this agreement concerning the same subject matter, whereby they have been granted access to the Wilson Products.
• Subscriber Fee
• Wilson Products. The WilsonWeb Subscription Site or similar online service, FTP electronic feed, magnetic tape, CD-ROM, or any other electronic data comprising products provided by Wilson as listed on any order or Invoice now existing or hereafter arising between Wilson and the Subscriber.
• WilsonWeb Subscription Site
• Secure Network
• Server
• Course Packs. A collection or compilation of materials assembled by member of staff of the Subscriber for use by students in a class for the purpose of instruction.
• Electronic Reserve. Electronic copies of materials made and stored on the Secure Network by the Licensee for use by students in connection with specific courses of instruction offered by the Subscriber to its students.
• Interlibrary Loan. The process by which a library requests material from, or supplies material to, another library.
• Commercial Use. Use for the purposes of monetary reward (whether by or for the Subscriber or an Authorized User) by means of sale, resale, loan, transfer, hire or other form of exploitation of the Licensed Materials. For the avoidance of doubt, neither recovery of direct costs by the Licensee from Authorized Users, nor use by the Licensee or by an Authorized User of the Licensed Materials in the course of research funded by a commercial organization, is deemed to be Commercial Use.
• Intellectual Property Rights
• Password
• User Name

To educate yourself in both choosing which terms to define and how to define them, I recommend you take advantage of the variety of licenses available online through your own searches.

Study on “Noncommercial Use”

As mentioned above, terms in negotiable licenses should be defined according to the needs of the parties signing the licenses. In a different situation, with non-negotiable licenses, you have to work within the definition provided in your license. Creative Commons (“CC”) (http://creativecommons.org) provides free written licenses to copyright owners (so owners need not write and/or negotiate their own licenses), who want to give the public certain permissions to use their works, in advance and without the need for direct content with the owner. Owners may choose one of the four CC licenses to apply to their content. One is a NC or noncommercial license. Under a NC license, the licensed content may be used by anyone for any purposes that is not “primarily intended for or directed toward commercial advantage or private monetary compensation” provided the use complies with the other terms of the license. On September 18, 2008, CC initiated a study to explore the differences between commercial and noncommercial uses of content, as these terms are used in various communities and with a large variety of content. Research is expected to be completed early in 2009. Since the terms noncommercial and nonprofit are often difficult to define in all license agreements, this study may helpful to all of us negotiating license agreements.

Placement of Definitions

There are no set rules as to where in your license you place your definitions. Placing all of the definitions in a single location in the license can make it easier to consult when coming across various terms in the agreement. Definitions are often set out at the beginning of a license, and sometimes in an appendix to the license.

Licensing Digital Content ("LDC") 2nd Edition

2008-07-24T11:18:00.000-04:00

If you have any general comments about the 1st edition of LDC, and suggestions for additions to the 2nd edition of LDC, please post your comments here. Thanks!
Lesley