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University Library DePaul Library

Library Licensing Guide: License Terms and Language

Introduction to the DePaul Library's licensing process including preferred language for many standard clauses.

Preferred License Terms and Language

This section provides an overview of some of the terms found in license agreements that DePaul Library negotiates. More detailed information can be found in the DePaul Library License Agreement Review Checklist used to review and audit licenses (download the checklist from the Documents box on this page). If you have a question about permissions for a specific resource, please contact the library via our Ask a Librarian services.

Accessibility

DePaul University Library is committed to providing equitable access to people with disabilities. 

Sample clause:

Licensor shall comply with the Americans with Disabilities Act (ADA), by supporting assistive software or devices such as large print interfaces, text-to-speech output, voice-activated input, refreshable braille displays, and alternate keyboard or pointer interfaces, in a manner consistent with the Web Accessibility Initiative Web Content Accessibility Guidelines (http://www.w3.org/WAI/guid-tech.html). Licensor shall ensure that product maintenance and upgrades are implemented in a manner that does not compromise product accessibility. Licensor shall provide to Licensee a current, accurate completed Voluntary Product Accessibility Template (VPAT) to demonstrate compliance with accessibility standards (https://www.itic.org/policy/accessibility). If the product does not comply, the Licensor shall adapt the Licensed Materials in a timely manner and at no cost to the Licensee in order to comply with applicable law. (2)

Authorized Users

DePaul’s full-time and part-time students, regardless of their physical location; DePaul's full-time and part-time employees (including faculty, staff, affiliated researchers, and independent contractors), regardless of their physical location. Visiting students or faculty, scholars; Walk-in users/on-site library users/users at public workstations in the DePaul libraries.

Additional language and information regarding Authorized Users: 

  • Authorized users are University users who are authorized to access the Secure Network. 
  • Authorized users are those affiliated with DePaul regardless of location and provisions that limit access by geographic location are not acceptable. 
  • The license reflects that authorized users are governed by the terms of the license but are not parties to the agreement. 
  • The license clearly states policies under which authorized users can make appropriate use of licensed resources. 
  • The license does not hold the licensee liable for unauthorized use of the licensed resource by its users as long as the licensee acts in good faith to uphold the terms of the license. 
  • The license requires the licensor to give the licensee notice of any alleged license violation, and reasonable time for investigation and to correct the violation.  

Authorized Uses

Authorized Uses language should not diverge from Fair Use and should not contradict other license clauses; DePaul does not claim responsibility for its users. The license should clearly state the permitted uses of the licensed resource.

Sample clause:

Licensee and Authorized Users may make all use of the Licensed Materials as is consistent with United States copyright law, including its Fair Use Provisions. In addition, the Licensed Materials may be used for purposes of research, education or other non-commercial use as follows...

 

The following are permitted uses that DePaul Library often ensures are included in in the license agreement:

  • Access, search, browse, and view the subscribed or purchased products. 
  • Print, download (or “digitally copy”) and store a reasonable portion of individual items from the subscribed or purchased products. 
  • Digitization permission for DVDs/Blu-rays (for those purchased for Course Reserves) 
  • Classroom Use. The agreement should allow the creation of multiple copies in print or digital form for classroom instruction to the extent permitted by the classroom use provisions of copyright law. 
  • Display 
  • Copy/Photocopy 
  • Incorporate links to the subscribed or purchased products on the licensee’s intranet, course reserves, and course management systems.*
  • Provide print or electronic copies of individual items from the subscribed or purchased products to other authorized users.
  • Provide print or electronic copies of individual items from the subscribed or purchased products to third-party colleagues, in reasonable amounts for personal, scholarly, educational, scientific, or research uses, but in no case for resale (sometimes referred to as "scholarly sharing"). This allows DePaul researchers to collaborate with colleagues at other universities that may not have access to the same subscriptions or content.

Course Reserves 

*Clauses specifically for course reserves are not required as the permission should be covered in “Authorized Uses.” However, adding a clause can remove any doubts and provide clarity concerning course reserves when included.    

Sample language: 

Licensee may include links to digital content in local electronic course reserve systems limited to use of Authorized Users of current classes. (3)

Indemnification

Preferred language recommended by DePaul's Office of General Counsel:  

To the fullest extent permitted by law, VENDOR NAME shall, during and after the term of this Agreement, indemnify, defend, and hold harmless DePaul and its trustees, directors, officers, faculty, employees, affiliates, and agents, past or present, against all losses, claims, demands, actions, causes of action, suits, liabilities, damages, expenses, fees and costs (including but not limited to reasonable fees and costs for attorneys, witnesses, professionals, alternative dispute resolution and courts) arising out of or relating to any actual or alleged: i) misrepresentation, breach of warranty, or breach of covenant or other promise by VENDOR NAME of any representation, warranty, covenant or other promise in this Agreement; and (ii) infringement by VENDOR NAME of any third party’s patent, trademark or copyright, or misappropriation of any third party’s trade secret. 

Interlibrary Loan (ILL)

Sample clause:

Licensee may fulfill requests from other libraries, a practice commonly called Interlibrary Loan. Licensee agrees to fulfill such requests in accordance with Sections 107 and 108 of the U.S. Copyright Revision Act of 1976 as those provisions have been amended and may be amended from time to time. Requests may be fulfilled using electronic, paper, or intermediated means. (3)

References to CONTU in license agreements should be requested to be removed as it is unnecessary and outdated, and CONTU is not law.  

Text and Data Mining (TDM)

DePaul Library asserts that fair use protects text and data mining (TDM). The right to read and access content also encompasses the right to conduct computational analysis. Licensing agreements should permit TDM without imposing unnecessary limitations. Any fees charged by vendors for TDM should be transparently linked to the additional efforts needed to enable TDM access.  

Sample clause:

Notwithstanding anything else in this agreement, Authorized Users may use the licensed content to perform and engage in text and data mining activities for research, teaching, scholarship, and other educational purposes, and may utilize and share the outputs of text and data mining in their scholarly work. Licensor will cooperate with Licensee and Authorized Users in making the licensed content available in a manner and form most useful to the Authorized User. (1)

User Privacy & Data

DePaul Library seeks licenses that protect the privacy of users and maintains confidentiality in regard to users. Library user data should solely be used to facilitate access to licensed content and services. Any sharing of this data must be preceded by notice and user consent. While personalization tools that reveal personal information may be beneficial to users, they must be clearly explained at the time of registration, outlining how personal data will be used, stored, and shared. These features should remain optional, and users should never be required to register or agree to additional data-sharing policies as a condition for accessing licensed content. Vendors should be prohibited from using data on library users' research activities for surveillance purposes. 

Sample clause:

Licensor agrees to maintain the confidentiality of any data relating to the usage of the licensed content by Licensee and its Authorized Users. Such data may be used solely for providing access to the licensed content under this agreement and may only be provided to third parties in aggregate, anonymized form, and only with prior notice to and consent from Licensee. Licensor will not incorporate data from authorized use of resources licensed under this agreement in products sold to third parties, including governments, to facilitate surveillance, “threat assessment,” or for any other purpose. No raw usage data or personally identifiable information, including but not limited to information relating to the identity of specific users and/or uses (i.e., logins recorded in system logs, IP addresses of patrons accessing the system, saved searches, usernames and passwords), will be shared with third parties, except in response to a subpoena, court order, or other legal requirement. If Licensor is compelled by law or court order to disclose personally identifiable information of Authorized Users or patterns of use, Licensor shall provide the Licensee with adequate prior written notice as soon as is practicable, so that Licensee or Authorized Users may seek protective orders or other remedies. Licensor will notify Licensee and Authorized Users as soon as is practicable if the Licensor’s systems are breached and the confidentiality of personally identifiable information is compromised. The Licensor’s obligations under this clause will survive the expiration or other termination of this agreement. (1) 

Library Licensing Guide by DePaul University Library is licensed under CC BY-NC 4.0