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Rights and obligations

Rights and obligations

Rights and obligations of each party. The rights and obligations of each party should be sent out in a license agreement For example, the publisher is to provide the library with full text access to its entire collection of electronic journals, while the library must ensure that only authorized library patrons are allowed to view the collection

Obligations of Licensor

This clause sets out what the licensor is obliged to do under the agreement. The Licensor’s key obligation is to provide you with the content. Some licenses merely state this obligation. Some licenses incorporate these obligations into other clauses in the license.

It is important is your agreement address in what format the content will be supplied to you, when it will be supplied, and what technical or other support you will receive in the event that there is a problem accessing the information.

Obligations of Licensee

User content, you have certain obligations toward the owner of the content. Your main obligation is to use the content according to the terms and conditions set out in the license. The content owner may want to play specific restrictions on how its content may be used in your library. Here are some examples of library obligations you may see any license offered to you:

  • You will only use the content in the manner set out in the license and will otherwise use that content any copyright manner without prior permission from the content owner
  • You will be required to monitor in legal uses of the content
  • You agreed to cooperate in the implementation of insecurity and control procedures relating to accessing the licensed content
  • You must keep statistics regarding the usage of the content

Because of the ease of copying and distributing electronic content, content owners are concerned about uses beyond their control and try to protect themselves as much as possible. This is because once you every patron access his license content, the publisher has no contractual remedies against the library patron who uses it in an unauthorized manner. However the publisher may have other remedies under the copyright laws of the country where the content is being used. Does this mean that license agreements should obligate libraries to be responsible for the use of content for their patrons? Many argue that this is an unreasonable request and converted to put on libraries. A compromise is for the library to be responsible for incident within its direct control or within a reasonable control.

Some safeguards may be employed by libraries to help prevent patients from infringement of copyright, and these maybe included in a license. These safeguards may obligate librarians to do certain things such as:

  • Each reproduced article should state the content owners name and email address along with the copyright notice or warning
  • Wherever and whenever access to license content is made available, patrons and researchers should be explicitly warned about copyright law and license agreements

In addition, it is important that all librarians and library stuff are made fully aware of the license terms and conditions and may easily access them should it be necessary to clarify which conditions apply to which license content.

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