Brown University Copyright and Fair Use

Brown University

Use of Electronic Resources and Software Applications - for Members of Brown University

Members of the Brown community are reminded to be diligent regarding agreements the University has with vendors of electronic services and software. The Library currently makes available more than 50,000 ejournals and 350 third party proprietary databases. CIS offers many site licenses for software. Behind each of these services are license agreements which govern how the material can be used by individuals.

These are, in effect, contracts, which are legal and binding documents between you and the software/service provider. Some carry specific limitations such as the purposes for which downloaded material can be used or the number of pages, articles, or records that can be downloaded at any one time. It should be noted that the contractual provisions Brown has signed overrule the provisions of Fair Use.

Electronic resource providers are becoming increasingly sophisticated in monitoring use of their services; their ability to detect violations should not be underestimated. Additionally, such infringing uses of university resources and networks are contrary to Brown's acceptable use policies and may result in sanctions being imposed by the University and or revocation of network privileges by the University.

The Library provides notice to users about licensing limitations through links from its web page. Some resources actually carry click through licensing terms which must be accepted before proceeding.

Users have an obligation to read, be aware of, and observe the terms and conditions of use for all electronic resources. Software also carries agreements which should be read and understood before download takes place. Failure to take note and observe such terms and conditions of use puts the individual user at risk and potentially could result in termination of service to the entire campus. In the past, services have been suspended to the entire campus more than once due to the actions of a single individual. We remind all members of the Brown community to please be aware of your legal obligations so that service will not be jeopardized for others. This is something to be taken seriously.

Michael Pickett, Vice President/CIO, Computing and Information Services
Harriette Hemmasi, University Librarian

Sample language from typical licenses might include (but is not limited to) the following:

Licensee and authorized users may use an Authorized Terminal to view, download, or print individual articles, individual chapters, or other individual items from our site for their personal scholarly, research, and educational use in accordance with the terms of this agreement. In addition, Licensee and Authorized Users may make a printed copy of individual articles for the internal or personal use of others who are Authorized Users but who are unable to personally access the database. Anyone may excerpt up to 250 words per article for noncommercial, scholarly purposes with appropriate credit to the source. The Licensee or Authorized Users may not: Systematically make printed or electronic copies of multiple portions of the Licensed Work for any purpose; Display or distribute any part of the Licensed Work(s) on any electronic network, including without limitation the Internet and World Wide Web, other than a secure network; Permit anyone other than Authorized Users to access or use the Licensed Works(s); Use all or any part of the Licensed Work(s) for any Commercial Use. Neither Subscriber nor its Authorized users may modify, adapt, transform, translate or create any derivative work base from the Licensed Products, or otherwise use the same in a manner that would infringe the copyright or other proprietary rights therein. Copyright notices, other notices or disclaimers included in the Licensed Products may not be removed, obscured or modified in any way. With Respect to permitted use of Excerpts, Subscriber shall acknowledge the source, title, author and publisher (if not already included in Excerpts). Licensee shall: (i) not remove any copyright notices or proprietary legends from the Software; (ii) reproduce on all copies of the Software the copyright notice and any other proprietary legends that were on the original copy of the Software; (iii) not disclose the unique Install Code to anyone except authorized users under this License; and (iv) take reasonable steps to ensure that each user of the Software is aware of and complies with the terms and conditions of this License, including any Special Terms provided for the Software. Licensee may not modify, sell, rent, lease, loan, distribute (except as expressly permitted by this License), or create derivative works based upon the Software in whole or in part. Software consists of unpublished copyrighted works. Licensor shall include Licensor's copyright and other notices on each copy of Software. Licensee shall not make Software available to unauthorized persons or organizations. Only the License Administrator(s) specified hereinabove may make copies of Software for backups or to exercise rights granted herein (other than copies made solely as a direct result of installing Software and which exist only in computer memory). Except as provided herein, Licensee may not, without prior written consent: (i) duplicate, distribute, publish, transfer, sublicense, or make Software available in any form to other organizations or persons; or (ii) transfer Software to any other computer system; or (iii) distribute Software through any network, cluster, computer time-sharing or service bureau arrangement, or by any other means; or (iv) assign, sublicense or transfer any license granted herein. The Software Product is licensed, not sold. By installing, copying or otherwise using the Software Product, you agree to be bound by the terms of this EULA (End-User License Agreement).