discovers that the license agreement permits him to "transfer and store temporarily insubstantial amounts of data."
Under the Copyright Act, works of the federal government are not protected by copyright.[1] Professor Wagstaff certainly may copy selected laws and court decisions from print codes and case reporters that sit on the library's shelves. However, a license to an electronic database may prohibit him from copying that same information, even though it is in the public domain. The license makes all the difference: even if the information is identical, the print copy owned by the library is treated differently that the digital copy that is merely licensed to the library and subject to contractual restrictions.
The Uniform Computer Information Transactions Act (UCITA) shows how unfriendly contracts can be to libraries. Uniform laws like UCITA are drafted by a group of attorneys and legal scholars called the Uniform Law Commission (ULC), or the National Conference of Commissioners on Uniform State Laws. After the ULC proposes a uniform law, each state legislature can choose to enact into state law. Due to some of UCITA's provisions, especially its imposition of liability on a library for patron license violations, we are not fans of UCITA. We are glad only two states, Virginia and Maryland, have adopted it. Even if your licenses are governed by another state's law, it is always wise to understand basic contract law and carefully read your licenses.
The License under the Microscope
7.1. Licensing Agreement
- Read the contract
- Permanent or temporary access
- No barriers to authorized users
- Preserve Copyright Act rights
- Respect user's privacy and confidentiality
- Hold-harmless clause
- Read the contract again
- ↑ 17 U.S.C. § 105 (2006).
