Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/151

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Chapter Seven. Licensing
135

LicensingModels.org
Academic Single Institution License:
Version 4.0 October 6, 2009

KEY DEFINITIONS

Comment: Clear definitions are critical. Make sure important terms are defined and that you and the vendor have a common understand about the meaning of the words.

Authorized Users. Current members of the faculty and other staff of the Licensee (whether on a permanent, temporary, contract or visiting basis) and individuals who are currently studying at the Licensee's institution, who are permitted to access the Secure Network from within the Library Premises or from such other places where Authorized Users work or study (including but not limited to Authorized Users' offices and homes, halls of residence and student dormitories) and who have been issued by the Licensee with a password or other authentication [together with other persons who are permitted to use the Licensee's library or information service and access the Secure Network but only from computer terminals within the Library Premises].

Comment: Again, pay special attention to who is covered as an authorized user. You want to be sure that every patron that may need the database will have access to it. This model language is very inclusive and appears to cover all types of faculty, staff, and students. Libraries that are open to the public will certainly want to include the bracketed language permitting unaffiliated patrons to use the database on site.

Commercial Use. Use for the purposes of monetary reward (whether by or for the Licensee or an Authorized User) by means of sale, resale, loan, transfer, hire or other form of exploitation of the Licensed Materials. Neither recovery of directed 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.

Comment: We would prefer that cost recovery include both direct and indirect costs. Charging to cover the costs of staff time, for instance, should not make your use commercial.