Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/144

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The Librarian's Copyright Companion

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Comment: Also essential. Users will want to be able to download and retain relevant materials for future use. Make sure the license doesn't limit you to a specific terminology. Today you may be using discs, tomorrow USB drives, and a few years from now some media that is just now being invented.

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Comment: Very good. This license permits the making of a single print copy with no limitation on the amount (for example, "a small excerpt" or "500 words"). Some databases (especially for electronic books) may impose limits because publishers don't want users to print too much of the content. Watch for limits; be sure your users will be able to make effective use of the licensed database.

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Comment: This language is very desirable for two reasons. First, users' expectations are often based on using print resources, so it is great that the license matches the sharing ability of print. Second, the language acknowledges fair use, and you are not signing away any rights you have under the Copyright Act. The language does not specifically recognize the section 108 library exception. We would like to see that expressly acknowledged in the license. The best language would say "to share hard copy with third parties to the same extent as the print edition or the extent permitted under the Copyright Act of 1976, including but no limited to fair use (section 107) and the library exemption (section 108)."

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Comment: Very good. Fair use permits some quotation, especially for purposes of comment or criticism, but this authorized further quotation and reuse in users' own work. The attribution requirement is perfectly appropriate and aligned with professional and scholarly norms. It's also nice that this language acknowledges the public domain status of federal government works.