paper copy of an electronic original of an individual document being part of the Licensed Materials.]
| | Comment: This language is too restrictive and focuses on paper copies. The next option is much better. |
or
[The Licensee may, subject to clause 6 below, supply to an Authorized User of another library {within the same country as the Licensee}a copy of an individual document being part of the Licensed Materials by post, fax or electronic transmission via the Internet or otherwise, for the purposes of research or private study and not for Commercial Use. ]
| | Comment: This language is better, because it permits electronic transmission. But who is an “authorized user of another library”? We would remove that line. We would also ideally remove the last clause. We prefer the following language: “Consistent with section 108 of the Copyright Act, the Licensee may provide to another library, in any format and by any mode of communication, a single copy of an individual document that is part of the licensed materials.” |
or
[Notwithstanding the provisions of Clauses 3.1 and 3.3, it is understood and agreed that neither the Licensee nor Authorized Users may provide, by electronic means, to a user at another library a copy of any part of the Licensed Materials for research or private study or otherwise.]
| | Comment: Undesirable, but it’s not uncommon to find a clause that permits you to only send another library a paper copy. |
COURSE PACKS AND ELECTRONIC RESERVE
[The Licensee may, subject to clause 6 below, incorporate parts of the Licensed Materials in printed Course Packs [and Electronic Reserve collections and in Virtual Learning Environments] for the use of Authorized Users in the course of instruction at the Licensee’s institution, but not for Commercial Use. Each such item shall carry appropriate acknowledgement of the source, listing title and author of the extract, title and author of the work, and the publisher. Copies of such items shall be deleted by the Licensee when they are no longer used for such purpose. Course packs in non-electronic non-print perceptible form, such as audio or Braille, may
