Art Museum Image Consortium Agreement II: Framework for a License for the University Educational Use of Museum Digital Content

DRAFT for Discussion Only - March 27, 1997

This document describes a licensing framework for a product based on the AMICO Library, for university educational use, which is intended to be acceptable to both universities and museums. It identifies the terms of a non-exclusive license, outlines permitted uses, defines licensed users, establishes modes of distribution and access, states security and reporting requirements, and assures licensees of continuity of access. Other licenses governing users, uses and terms not covered by this license may be offered by AMICO.

Messages

1. Purpose and Goals by AMICO
1. Universities License Product by AMICO
2. Universities Distribute Product by AMICO
2. Parties by AMICO
1. AMICO and the University Sign by AMICO
1. Third-party definition of the boundaries of the University by AMICO
2. AMICO members which are part of a university by AMICO
3. Potential AMICO members which are part of Licensing University by AMICO
3. Grant of license by AMICO
1. Licensed Users by AMICO
2. Educational Uses by AMICO
3. Non-Transferable by AMICO
4. License period by AMICO
1. One Year Term by AMICO
1. One Year Too Short a Term by UniversityLicensor[viajt
2. Access Prior to the License Term by AMICO
5. Continuity of access by AMICO
1. Provisions for university budgetary crises by AMICO
1. Access to locally mounted portions after termination by AMICO
2. Access to course materials after termination by AMICO
3. No renewal without back fees by AMICO
4. One year's access needed by UniversityLicensor[viajt]
2. Withdrawal of individual works with disputed rights by AMICO
6. Failure of the Consortium by AMICO
1. Library in escrow by AMICO
2. Members individually guarantee terms by AMICO
3. Museums serve as the archival repository by AMICO
7. Termination by AMICO
1. No withdrawal during term by AMICO
2. Termination upon breach by AMICO
3. Certified removal of materials by AMICO
1. Deaccessioned works by Alan Newman
4. Destruction or Return of Derivatives by AMICO
8. Users by AMICO
1. University Community by AMICO
1. Faculty by AMICO
2. Staff by AMICO
3. Students by AMICO
4. Affiliates by AMICO
5. Visiting faculty by AMICO
6. Researchers by AMICO
2. Specifically disallowed users: by AMICO
1. Subscribers to resources by AMICO
2. Alumni by AMICO
3. Tenants by AMICO
4. Families by AMICO
1. Families? by UniversityLicensor[viajt]
3. Non-transferable by AMICO
9. Uses by AMICO
1. Allowed uses by AMICO
1. classroom teaching by AMICO
2. research by AMICO
3. student assignments by AMICO
4. display in an academic gallery by AMICO
5. display in a professional context by AMICO
6. maintain in a professional portfolio by AMICO
7. incorporation in a dissertation by AMICO
2. Allowed modifications to works by AMICO
1. Derivative Works by AMICO
2. Manipulation and Alteration by AMICO
3. Specifically disallowed uses: by AMICO
1. Redistribution by AMICO
2. Commercial use by AMICO
3. Publication by AMICO
4. University fund-raising by AMICO
5. Long-term storage by AMICO
6. Modification of the distributed product by AMICO
7. Reposting manipulated images by AMICO
8. Display without credit by AMICO
9. Mounting without data by AMICO
10. Authorized Access by Unlicensed Users by AMICO
1. Individuals with access to public terminals by AMICO
2. Remote users of library catalogues by AMICO
11. Format of the Product by AMICO
1. Standard technical formats by AMICO
2. Standard Documentation by AMICO
12. Distribution by AMICO
1. Regular distribution schedules by AMICO
1. Access means established annually by AMICO
2. Universities may mount data locally by AMICO
1. Must mount assigned works by AMICO
2. AMICO Server may be used by AMICO
3. Alternate distribution channels by AMICO
1. Catalogue on AMICO Server for Ordering Content by AMICO
2. Works on the AMICO Server for Ad Hoc Use by AMICO
13. Points of Access by AMICO
1. Campus Access by AMICO
1. Classrooms by AMICO
2. Student dormitoriesAccess may be available from student dormitories. by AMICO
3. Campus research facilities by AMICO
4. Libraries by AMICO
2. Remote Access by AMICO
1. Homes by AMICO
2. Remote facilities of the University by AMICO
14. Acknowledgment by AMICO
1. Documentation always appears by AMICO
1. Curriculum-based exceptions allowed by AMICO
2. Displays credit AMICO Institution by AMICO
15. Requirements for security and monitoring by AMICO
1. University maintains secure network by AMICO
2. User authentication by AMICO
3. Policies and Procedures by AMICO
1. Wording change? by UniversityLicensor[viajt]
4. Certify users' access to AMICO Server by AMICO
16. Reporting requirements by AMICO
1. Reporting on infringements by AMICO
2. Reporting on use by AMICO
3. Universities share results of studies by AMICO
17. Fees by AMICO
1. Annual license fee by AMICO
2. Fee based on product size and features by AMICO
3. Access fees for AMICO Server by AMICO
1. Usage charges capped at annual license amount by AMICO
2. Server usage figures regularly reported by AMICO
18. Warranties and Indemnification by AMICO
1. No further clearance needed for these uses by AMICO
2. AMICO indemnifies the University by AMICO
3. Universities will seek rights for other uses by AMICO
4. Universities will act against infringers by AMICO
1. Violations reported immediately by AMICO
19. Authorized Representative by AMICO
1. For the University by AMICO
1. Secure delivery of the AMICO product by AMICO
2. For AMICO by AMICO
20. Communications by AMICO
1. Inquiries to AMICO, not member by AMICO
21. General Comments from potential Academic Licensors by J. Trant
1. Comments from Kathe Albrecht, American University (UniversityLicensor(viajt))
2. Feedback from ARL [Association of Research Libraries} by Max Anderson {via jt]