Libraries and the Internet Toolkit

Licensing

Copyright owners may choose to grant certain permissions for the use of their protected works to others within the work’s protected period.  This can be done through licensing or by transferring permissions permanently.  When a copyright owner licenses their materials, they grant others the use of the work for a limited purpose, market or timeframe.

Licensing agreements may be applied to all types of copyrighted works, including software.  Examples of licensed materials surround us: films may be licensed for video distribution, modification or public display; software may be licensed through end user agreements for use on personal computers; and Creative Commons licenses are used to extend the permissions granted for use of protected works.

It is important to remember that licensing is different from fair use.  Fair use represents a non-licensed use of a copyrighted work made possible through a limitation to the copyright holder’s exclusive rights.  A license, however, extends specified portions of the copyright holder’s exclusive rights to contracted parties.

Licensing is becoming an increasingly important topic for librarians to consider in the digital age. New delivery and access agreements for electronic journals, e-books and databases often grant a library license to included materials for the duration of their contract, such that access is terminated when the contract ends.  Unlike with physical purchases, this licensed content may “disappear” from the library’s collection once the license is contractually terminated.   

RESOURCES

ALA’s Libraries and Licensing

This ALA site provides practical information on licensing’s relationship to copyright; software licensing agreements; recent attempted changes to US law; and resources for further information regarding copyright and licensing.

ARL’s Licensing

Provides an introduction to issues involved with electronic licenses and libraries.

ARL’s Licensing Electronic Resources: Strategic and Practical Considerations

1997 report providing practical advice and questions to consider when considering a license agreement.

ARL’s Principles for Licensing Electronic Resources

1997 report providing background on licensing agreements as well as 15 stated principles to be followed in licensing agreements.

Collectanea

A blog hosted by the University of Maryland and written by Center for Intellectual Property Scholar, Peggy Hoon.  This blog provides information on changing perspectives, and news regarding copyright and licensing issues, with archives dating back to 2007.

Copycense

Copycense is an online journal published by Seso LLC with archives dating back to 2004.  According to their website, “Copycense is an online publication that provides insight, commentary, and scholarship on copyright, licensing, intellectual property, and digital media.”

Creative Commons

Creative Commons is a non-profit organization that provides users with six types of licenses with which to expand the legal use of their protected works.  

LibLicense

Yale’s LibLicense website provides librarians with detailed information regarding licensing digital materials.

Licensing Digital Content: A Practical Guide for Librarians, 2nd Ed.

This book, available to purchase through the ALA Store, describes copyright and licensing terminology, opportunities for cost savings, and global aspects of licensing.  The author also provides guidance on educating others on these issues.

US Government Copyright Internet Resources

This page provides users with a list of US government agencies related to copyright and licensing as well as a list of US bodies through which a license may be obtained (either as a clearing house or as a licensing organization).

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