Template full view - 120927 SERU 2012

Table of contents

License documents
 
[1]: SERU
Document Label
 
0.0
Statements of Common Understandings for Subscribing to Electronic Resources (Academic Libraries)
 
1.0
The Acquisition
 
> > 1.1
The acquiring institution receives the right to use the content of the electronic resource(s) for a specified period through payment of an agreed upon fee. The nature and extent of the content should be clarified at the outset, including whether the acquisition constitutes a perpetual purchase or an access of limited duration, and whether access is provided to content that is additional to the electronic resource being acquired.
 
The provider has secured the rights necessary to provide access to the content to the acquiring institution.
 
The acquisition of the provider’s electronic resource allows an acquiring institution and its authorized users access to the content. The number of concurrent users is not restricted unless otherwise explicitly agreed upon by the provider and the acquiring institution.
 
2.0
The Acquiring Institution and its Authorized Users
 
The acquiring institution is generally understood to be a single institution. In cases of ambiguity, the provider and acquiring institution will explicitly agree on a definition of the acquiring institution and the pricing that applies to it.
 
The authorized user population will be defined in institutionally appropriate ways that respect the business interests of the provider. The provider will rely upon the acquiring institution’s judgment in defining its user community, but may challenge any interpretation that it considers damaging to its interests. Unless agreed to otherwise, the following authorized user definitions are generally accepted by both providers and acquiring institutions:
Academic Libraries (such as school, community college, college, and university libraries): Authorized users of the content include the institution’s currently enrolled students, emeritus and current faculty, current affiliated and visiting researchers, current regular and contract staff, and other users granted access to the campus/institutional network. Alumni are not considered part of the authorized user community unless explicitly agreed to between the provider and acquiring institution.
 
> > 2.3
Authorized users may access content from remote locations. Visitors to the organization, such as walk-in users, are also allowed to use the content while on the acquiring institution’s premises but are understood to lose this access upon departure and are excluded from remote access privileges.
 
3.0
Use of Materials
 
> > > 3.1
Use of the content is generally governed by applicable copyright law. For acquiring institutions in the United States, U.S. Copyright Law governs the use of content. Authorized uses include any uses permitted under the appropriate existing copyright law, including, where applicable, uses permitted as fair use.
 
> > > 3.2
Some of the accepted uses include interlibrary loan and ad hoc sharing of single articles and chapters by individuals for purposes of scholarship or private study. Linking to the content of the provider’s site for use in courses is also acceptable.
 
While interlibrary loan of printed books has been a standard, accepted practice since the Nineteenth Century, there is no current consensus or standardized technology pertaining to interlibrary lending of e-books. Providers and acquiring institutions may choose to describe a mutually acceptable process in their quotes and purchase orders.
 
4.0
Inappropriate Use
 
The acquiring institution recognizes that the material provided as part of the acquisition is a valuable business asset of the provider and that misuse of this material, such as unauthorized resale or systematic redistribution, could negatively affect the provider’s business. Both providers and acquiring institutions will make reasonable efforts to prevent the misuse of the content and limit access to authorized users, and will not knowingly allow unauthorized users to gain access.
 
While the acquiring institution cannot control user behavior, an obligation to inform users of appropriate uses of the content is acknowledged, and the acquiring institution will cooperate with the provider to resolve problems of inappropriate use.
 
When questionable activity such as systematic downloading is detected, providers should notify the acquiring institution as soon as possible. If the acquiring institution detects inappropriate use, providers should be notified as soon as possible. Both providers and acquiring institutions should strive to resolve the incident quickly.
 
Suspension of access for the acquiring institution by a provider may be necessary but should be an action of last resort and, if possible, notification should precede any suspension of access. Because legitimate activity (for example, access from a proxy server address or authorized data mining for research purposes) can sometimes be mistaken for systematic abuse, whenever possible providers should employ appropriate techniques to detect true misuse and follow industry standards in this area as they emerge.
 
5.0
Confidentiality and Privacy
 
The acquiring institution and the provider respect the privacy of the users of the content and will not disclose or distribute personal information about the user to any third party without the user’s consent unless required to do so by law. The provider should develop and post its privacy policy on its website.
 
6.0
Online Performance and Service Provision
 
An online acquisition generally involves both content and service provision. Content with a print equivalent should be replicated online in as complete and timely a manner as possible.
 
Performance expectations for accessing the content include: generally uninterrupted availability, maintenance windows scheduled to minimize subscriber disruption, and sufficient bandwidth and system capacity to provide response time comparable to that experienced by users of similar websites.
 
Providers recognize the importance of working with industry standards and best practices for online information delivery as these standards are developed and validated in the marketplace. Appropriate areas in which standards and best practices currently exist include: identifiers, usage statistics, link resolution, accessibility, and authentication.
 
Providers and acquiring institutions recognize the need to be clear where there are as yet no established standards or best practices.
 
7.0
Archiving and Perpetual Access
 
Both acquiring institutions and providers recognize a responsibility to preserve electronic resources. In order to ensure future access, providers should provide for secure archiving of the content to the extent that developing industry models allow, either by the acquiring institution or a trusted third party.
 
Unless otherwise agreed, the acquiring institution will retain access to the digital content in perpetuity either at the provider’s site, from a copy maintained by the acquiring institution, or from a third party archive.
 
The means of implementing perpetual access and securing a trusted third party to archive content may vary from case to case.
 
Providers may charge a reasonable annual fee to recover their costs for providing continuing access following termination of a subscription or for preparing archival copies.
 
[2]: Schedule
Document Label
 
Provider: [Name and principal place of business]
 
Acquiring Institution: [Name and principal place of business]
 
Acquired Content: [Name and/or description]
 
Acquired content start date: ?????
 
Acquired content end date: ?????
 

 
License Detail
 
Description
SERU: Statement of Common Understandings for Acquiring Electronic Resources (Academic)
License Status
Template
Annotation (type undefined)
This ONIX-PL expression is intended to represent a reasonable interpretation of a SERU statement based on NISO RP-7-2012, where the acquiring body is an academic or educational institution. It does not claim to 'express' SERU, nor could it do so, since SERU has many possible and equally valid interpretations. However, in circumstances where an institution is using ONIX-PL license expressions as part of its ERM processes, and also acquires electronic resources under SERU, the present expression may serve as a template from which an expression suitable to local policies can be derived.
License Document (License Main Terms)
License Document (License Schedule)
Licensor
Licensee
Authorized Users
Licensed Content
License Start Date
License End Date
Place Of Copyright Law
 
 
Agent Definitions
 
[1]: Provider  
Agent Type
Organization
Agent Name
?????
Provider: [Name and principal place of business]
 
[2]: AcquiringInstitution   
Agent Type
Organization
Agent Name
?????
Acquiring Institution: [Name and principal place of business]
The acquiring institution is generally understood to be a single institution. In cases of ambiguity, the provider and acquiring institution will explicitly agree on a definition of the acquiring institution and the pricing that applies to it.
 
[3]: AuthorizedUser  
Agent Type
Person
Interpretation
Authorized Users are here defined in accordance with the user definitions listed in SERU as 'generally accepted'.
The authorized user population will be defined in institutionally appropriate ways that respect the business interests of the provider. The provider will rely upon the acquiring institution’s judgment in defining its user community, but may challenge any interpretation that it considers damaging to its interests. Unless agreed to otherwise, the following authorized user definitions are generally accepted by both providers and acquiring institutions:
Academic Libraries (such as school, community college, college, and university libraries): Authorized users of the content include the institution’s currently enrolled students, emeritus and current faculty, current affiliated and visiting researchers, current regular and contract staff, and other users granted access to the campus/institutional network. Alumni are not considered part of the authorized user community unless explicitly agreed to between the provider and acquiring institution.
Is Any Of
Licensee Student - Licensee Faculty - Licensee Researcher - Licensee Non Faculty Staff - Licensee Contractor Staff - Library User Unaffiliated
 
 
Resource Definitions
 
[1]: AcquiredContent  
Description
?????
Acquired Content: [Name and/or description]
 
 
Time Point Definitions
 
[1]: AcquiredContentStartDate  
Time Point Identifier (YYYYMMDD)
00000000
Acquired content start date: ?????
 
[2]: AcquiredContentEndDate  
Time Point Identifier (YYYYMMDD)
00000000
Acquired content end date: ?????
 
 
Place Definitions
 
[1]: PlaceOfCopyrightLaw  
Place Identifier (ISO Country Code)
US
Place Name
United States
Use of the content is generally governed by applicable copyright law. For acquiring institutions in the United States, U.S. Copyright Law governs the use of content. Authorized uses include any uses permitted under the appropriate existing copyright law, including, where applicable, uses permitted as fair use.
 
 
Document Definitions
 
[1]: SERU
Document Type
Document
Document Identifier (URL)
www.niso.org/publications/rp/RP-7-2012_SERU.pdf
Description
SERU 2012 for academic libraries
Annotation (type undefined)
Although SERU is not a license as a legal document, the combination of a SERU statement with other details specified and agreed separately can be regarded as constituting a license in the sense of a grant of permission for an acquiring institution to use acquired resources. ONIX-PL uses language ('licensor', 'licensee', etc) which reflects this meaning of 'license'; and in any context where ONIX-PL expressions of conventional licenses are used alongside expressions of SERU-based agreements it would be confusing if the language of the SERU-based expressions was different.
 
[2]: Schedule
Document Type
Document
Description
A schedule added to the SERU statement to identify the provider, the acquiring institution, the acquired resources with their start and end dates, and any other items of information which are needed for a particular SERU-based agreement. In practice this additional information may come from other types of document, such as a purchase order or a letter of agreement; but for convenience it is treated here as having been grouped within a single schedule.
 
 
License Grant  
 
License Grant Type
Non Exclusive
License Grant Type
Non Transferable
The acquiring institution receives the right to use the content of the electronic resource(s) for a specified period through payment of an agreed upon fee. The nature and extent of the content should be clarified at the outset, including whether the acquisition constitutes a perpetual purchase or an access of limited duration, and whether access is provided to content that is additional to the electronic resource being acquired.
 
 
Usage Terms
 
[1]: Access   
Usage Status
Interpreted As Permitted
Interpretation
This usage term permits the acquiring institution and its authorized users to access acquired content both from the acquiring institution's premises and from remote locations.
The acquisition of the provider’s electronic resource allows an acquiring institution and its authorized users access to the content. The number of concurrent users is not restricted unless otherwise explicitly agreed upon by the provider and the acquiring institution.
Authorized users may access content from remote locations. Visitors to the organization, such as walk-in users, are also allowed to use the content while on the acquiring institution’s premises but are understood to lose this access upon departure and are excluded from remote access privileges.
User
User
Authorized User
Used Resource
Place Of Usage
Licensee Premises - Remote Location
 
[2]: Access  
Usage Status
Interpreted As Permitted
Interpretation
This usage term permits walk-in users to access acquired content from the acquiring institution's premises only.
Authorized users may access content from remote locations. Visitors to the organization, such as walk-in users, are also allowed to use the content while on the acquiring institution’s premises but are understood to lose this access upon departure and are excluded from remote access privileges.
User
Walk In User
Used Resource
Place Of Usage
Licensee Premises
 
[3]: Print Copy 
Usage Status
Interpreted As Permitted
Interpretation
SERU makes no reference to the right to make printed copies. The ONIX expression interprets the making of printed copies for scholarship, private study or personal use as permitted.
User
Authorized User
User
Walk In User
Used Resource
Licensed Content Part
Usage Purpose
Personal Use
Usage Purpose
Academic Use
 
[4]: Make Digital Copy 
Usage Status
Interpreted As Permitted
Interpretation
SERU makes no reference to the right to make digital copies. The ONIX expression interprets the making of digital copies for scholarship, private study or personal use as permitted.
User
Authorized User
User
Walk In User
Used Resource
Licensed Content Part
Usage Purpose
Personal Use
Usage Purpose
Academic Use
 
[5]: Include  
Usage Status
Interpreted As Permitted
Interpretation
SERU suggests that 'linking to the content of the provider’s site for use in courses is also acceptable'. Here, this is interpreted as permitting links to acquired content to be included in digital instructional material.
Some of the accepted uses include interlibrary loan and ad hoc sharing of single articles and chapters by individuals for purposes of scholarship or private study. Linking to the content of the provider’s site for use in courses is also acceptable.
User
User
Authorized User
Used Resource
Link To Licensed Content
Target Resource
Digital Instructional Material
 
[6]: Supply Copy   
Usage Status
Interpreted As Permitted
Interpretation
SERU refers to interlibrary loan as an 'accepted use'. Here, this is interpreted as the supply of a paper copy by post, fax, or secure electronic transmission.
Some of the accepted uses include interlibrary loan and ad hoc sharing of single articles and chapters by individuals for purposes of scholarship or private study. Linking to the content of the provider’s site for use in courses is also acceptable.
While interlibrary loan of printed books has been a standard, accepted practice since the Nineteenth Century, there is no current consensus or standardized technology pertaining to interlibrary lending of e-books. Providers and acquiring institutions may choose to describe a mutually acceptable process in their quotes and purchase orders.
User
Used Resource
Licensed Content Part Printed
Usage Method
Post
Usage Method
Fax
Usage Method
Secure Electronic Transmission
Receiving Agent
Third Party Library
 
[7]: Supply Copy  
Usage Status
Interpreted As Permitted
Interpretation
SERU refers to sharing for purposes of scholarship as an 'accepted use'. Here, this is interpreted as the supply of a copy (paper or digital) to a third party for academic use.
Some of the accepted uses include interlibrary loan and ad hoc sharing of single articles and chapters by individuals for purposes of scholarship or private study. Linking to the content of the provider’s site for use in courses is also acceptable.
User
Authorized User
User
Walk In User
Used Resource
Licensed Content Part
Usage Purpose
Academic Use
Receiving Agent
Third Party Person
 
[8]: Sell  
Usage Status
Interpreted As Prohibited
The acquiring institution recognizes that the material provided as part of the acquisition is a valuable business asset of the provider and that misuse of this material, such as unauthorized resale or systematic redistribution, could negatively affect the provider’s business. Both providers and acquiring institutions will make reasonable efforts to prevent the misuse of the content and limit access to authorized users, and will not knowingly allow unauthorized users to gain access.
User
User
Authorized User
Used Resource
 
[9]: Systematically Copy  
Usage Status
Interpreted As Prohibited
Interpretation
'Systematic redistribution' is here interpreted as including systematic copying.
The acquiring institution recognizes that the material provided as part of the acquisition is a valuable business asset of the provider and that misuse of this material, such as unauthorized resale or systematic redistribution, could negatively affect the provider’s business. Both providers and acquiring institutions will make reasonable efforts to prevent the misuse of the content and limit access to authorized users, and will not knowingly allow unauthorized users to gain access.
User
User
Authorized User
Used Resource
 
[10]: Make Available  
Usage Status
Interpreted As Prohibited
Interpretation
'Systematic redistribution' is here interpreted as including making material available to third parties in any way not stated as permitted.
The acquiring institution recognizes that the material provided as part of the acquisition is a valuable business asset of the provider and that misuse of this material, such as unauthorized resale or systematic redistribution, could negatively affect the provider’s business. Both providers and acquiring institutions will make reasonable efforts to prevent the misuse of the content and limit access to authorized users, and will not knowingly allow unauthorized users to gain access.
User
User
Authorized User
Used Resource
 Usage Exception Type
Except As Permitted
Receiving Agent
Third Party
 
 
 
Supply Terms
 
[1]: Completeness Of Content  
An online acquisition generally involves both content and service provision. Content with a print equivalent should be replicated online in as complete and timely a manner as possible.
 
[2]: Service Performance  
Performance expectations for accessing the content include: generally uninterrupted availability, maintenance windows scheduled to minimize subscriber disruption, and sufficient bandwidth and system capacity to provide response time comparable to that experienced by users of similar websites.
 
[3]: Compliance With Standards And Best Practices   
Providers recognize the importance of working with industry standards and best practices for online information delivery as these standards are developed and validated in the marketplace. Appropriate areas in which standards and best practices currently exist include: identifiers, usage statistics, link resolution, accessibility, and authentication.
Providers and acquiring institutions recognize the need to be clear where there are as yet no established standards or best practices.
 
 
 
Continuing Access Terms
 
[1]: Continuing Access    
Both acquiring institutions and providers recognize a responsibility to preserve electronic resources. In order to ensure future access, providers should provide for secure archiving of the content to the extent that developing industry models allow, either by the acquiring institution or a trusted third party.
Unless otherwise agreed, the acquiring institution will retain access to the digital content in perpetuity either at the provider’s site, from a copy maintained by the acquiring institution, or from a third party archive.
The means of implementing perpetual access and securing a trusted third party to archive content may vary from case to case.
 
 
 
Payment Terms
 
[1]: Payment Conditions   
The acquiring institution receives the right to use the content of the electronic resource(s) for a specified period through payment of an agreed upon fee. The nature and extent of the content should be clarified at the outset, including whether the acquisition constitutes a perpetual purchase or an access of limited duration, and whether access is provided to content that is additional to the electronic resource being acquired.
Providers may charge a reasonable annual fee to recover their costs for providing continuing access following termination of a subscription or for preparing archival copies.
 
 
 
General Terms
 
[1]: Licensor Intellectual Property Warranty  
The provider has secured the rights necessary to provide access to the content to the acquiring institution.
 
[2]: Statutory Rights Affirmation  
Use of the content is generally governed by applicable copyright law. For acquiring institutions in the United States, U.S. Copyright Law governs the use of content. Authorized uses include any uses permitted under the appropriate existing copyright law, including, where applicable, uses permitted as fair use.
 
[3]: Applicable Copyright Law  
Use of the content is generally governed by applicable copyright law. For acquiring institutions in the United States, U.S. Copyright Law governs the use of content. Authorized uses include any uses permitted under the appropriate existing copyright law, including, where applicable, uses permitted as fair use.
 
[4]: Prevention Of Misuse  
The acquiring institution recognizes that the material provided as part of the acquisition is a valuable business asset of the provider and that misuse of this material, such as unauthorized resale or systematic redistribution, could negatively affect the provider’s business. Both providers and acquiring institutions will make reasonable efforts to prevent the misuse of the content and limit access to authorized users, and will not knowingly allow unauthorized users to gain access.
 
[5]: Notification Of Terms To Authorized Users  
While the acquiring institution cannot control user behavior, an obligation to inform users of appropriate uses of the content is acknowledged, and the acquiring institution will cooperate with the provider to resolve problems of inappropriate use.
 
[6]: Notification Of Misuse  
When questionable activity such as systematic downloading is detected, providers should notify the acquiring institution as soon as possible. If the acquiring institution detects inappropriate use, providers should be notified as soon as possible. Both providers and acquiring institutions should strive to resolve the incident quickly.
 
[7]: Action Against Misuse  
Suspension of access for the acquiring institution by a provider may be necessary but should be an action of last resort and, if possible, notification should precede any suspension of access. Because legitimate activity (for example, access from a proxy server address or authorized data mining for research purposes) can sometimes be mistaken for systematic abuse, whenever possible providers should employ appropriate techniques to detect true misuse and follow industry standards in this area as they emerge.
 
[8]: Confidentiality Of User Data  
The acquiring institution and the provider respect the privacy of the users of the content and will not disclose or distribute personal information about the user to any third party without the user’s consent unless required to do so by law. The provider should develop and post its privacy policy on its website.