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Agreement II-2: Framework for a License Agreement for the Museum Educational Use of AMICO Licensed Digital Content

This version dated August 5, 1997

This document describes a licensing framework for a product based on The AMICO Library, for museum educational use. 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.

1. Purpose and Goals
This clause outlines the nature of the license granted.
1.1. Museums License Product
This agreement provides museums with licensed access to a product consisting of multimedia digital documentation of works from AMICO licensed museum collections, for defined educational uses. The product is a defined portion of The AMICO Library and specific modes of delivery, associated tools and value-added indexes.
1.2. Museums Deliver Product
Licensees are permitted to deliver the licensed content over a secure network and provide secure access on free-standing institutionally-owned computers in order to make it available to defined Users, for educational purposes defined here as Uses.
2. Parties
This clause establishes who signs the agreement.
2.1. AMICO and the Museum Sign The agreement is signed between AMICO and a Museum.
2.1.1. While degree granting educational institutions which are part of a museum may license this product under terms specific universities, licenses to them as museums do not apply to their degree granting components or to uses made by universities of which they are a part.
3. Grant of license
AMICO grants the Museum a non-exclusive license to reproduce, perform, and display the licensed works under secure conditions and within the limits of the agreement.
3.1. Licensed Users
Only users as defined may have access.
3.2. Educational Uses
Only educational uses as defined are permitted.
3.3. Non-Transferable
This license is non-transferable.
4. License period
This clause determines the length of the license granted.
4.1. One Year Term
The License is granted for one academic year.
4.2. Access Prior to the License Term
Access to the licensed product prior to the term of the license is granted only for Museum technical personnel engaged to assure that access can be provided when the license term begins.
5. Continuity of access
Recognizing the dependence that develops when exhibitions and curricula are built around particular resources, this clause guarantees the licensee continued access to the licensed product under certain circumstances It also acknowledges that special circumstances may require AMICO to withdraw certain items from the distributed product during the term of the license.
5.1. Provisions for continued access
5.1.1. Retention in exhibitions and courses beyond the term of the license
Recognizing the damage that would be caused to an exhibit or museum educational program if circumstances resulted in a loss of license during the term of an exhibit or course, ongoing access is granted to locally mounted portions of the product for a period of an exhibition or term of a course after the license has expired if use has begun prior to the termination of the license.
5.1.2. Retention in museum records beyond the term of the license
Recognizing the on-going need for data from previously licensed sources incorporated into museum records, data thus incorporated can be kept in perpetuity.
5.2. Withdrawal of individual works from the license
Recognizing that actions by artists, their heirs and others might challenge rights which AMICO members transferred to the consortium, AMICO reserves the right to withdraw individual works from the licensed product during the license term. When such situations apply, the Museum licensee agrees to remove the designated work from all institutional copies of the content.
6. Failure of the Consortium
Recognizing the dependence upon the AMICO resource when it is used in educational programs, this clause provides assurances in the event that AMICO fails as a venture.
6.1. Library in escrow
Recognizing the risk of failure of the consortium, AMICO will place its full Library in escrow. Access to licensed products derived from that Library will be guaranteed by the escrow agent for the term of the license.
6.2. Members individually guarantee terms
Further, each AMICO member specifically guarantees licensees continued access to the digital works it supplied to AMICO in the event of the failure of the consortium, for the term granted in existing licenses at the time of failure.
6.3. Museums serve as the archival repository
Reflecting the nature of museums, which are the holders of the original intellectual property and rights licensed in this product, scholars are assured of archival access to the underlying data. The AMICO member museums individually and collectively ensure archival access to the original works and documentation provided to AMICO, just as they already do in fulfillment of their missions as guardians of their collections.
7. Termination
This clause outlines the terms of withdrawal or termination of the license.
7.1. No withdrawal during term
No provision is made for Museum withdrawal from this agreement during its term.
7.2. Termination upon breach
AMICO can terminate this license upon breach by the Museum , including failure to report known violations or to take action against infringements. The license will not be terminated for breaches by individuals as long as the Museum is enforcing the terms of the license and acts against violators.
7.3. Certified removal of materials
Should a Museum fail to renew its license, any Licensed materials must be removed from any institutionally-owned computers (except itemized content covered under provisions of Continuity of Access, which must be removed as soon as that extension is over). Notice must be given to licensed users that their rights to use copies on personal computers are expired.
7.4. Destruction or Return of Copies
All copies on any medium, such as prints, slides, CD's or other formats, made from licensed works during the term of the license must be destroyed or returned when the license expires or is withdrawn. The museum must be prepared at any time to provide a list of all such copies created under its auspices.
8. Users
This clause defines licensed users.
8.1. Museum Educational Community
The licensing museum is responsible both for the definition and enumeration of the users comprising its educational community and should at any time be able to validate the standing of any individual as a member of that community. The ˝museum educational communityţ commonly includes:
8.1.1. Staff
Staff, including teaching, curatorial and administrative staff, part and full time, may have access.
8.1.2. Researcher/Scholars
Resident researchers, scholars, fellows, or interns and any walk-in researchers granted access to on-site research facilities, may have access.
8.1.3. Trustees
Museum trustees and/or Board members may have access.
8.1.4. Volunteers
Volunteers, including docents, may have access.
8.1.5. Visitors
Visitors, including the general public admitted to the facility, may have access.
8.1.6. Students
Students in non-degree granting programs offered by the museum may have access
8.1.7. Affiliates
Affiliates whose status would make the eligible for a museum staff identification card can have access.
8.1.8. Visiting museum professional
Visiting museum professionals can have access during the term of their appointments; museum staff on leave can have access during the period of that leave.
8.2. Specifically disallowed users:
The following types of users are specifically excluded from gaining access to the product under this license.
8.2.1. Subscribers to resources
Individuals whose affiliation with the Museum is based on paying for the use of resources, such as the library, or network, rather than for courses are not licensed users, (though other licenses may be offered by AMICO to accommodate them).
8.2.2. Members
Members are not licensed users under this license (although members may be eligible as a group under separate AMICO licenses).
8.2.2. Tenants
Members of loosely affiliated groups renting facilities and services from the Museum are not licensed users.
8.2.3. Families
Members of the family of licensed users are not covered by this license even if the licensed user is using the product from home, although AMICO may offer a separate license to cover use by such individuals.
8.3. Non-transferable
Licensed users may not provide access, even temporarily, to the product or copies of the product to others who are themselves not licensed users.
9. Uses
This clause enumerates uses that are permitted under this license which are intended to extend any uses permitted under fair use by the copyright law. Disallowed uses may be licensed directly from the rights holders or through further licenses with AMICO.
9.1. Allowed uses
Licensed users may view, download, print, copy, perform, display and compile digital works from the licensed product within defined educational contexts and purposes, including:
9.1.1. classroom teaching, public lecturing, gallery talks, educational interpretation
Classroom or lecture uses, including display in formal and informal settings, are acceptable.
9.1.2. research
Research uses, including manipulation as an aid to study and analysis, are acceptable.
9.1.3. student assignments
Use in student assignments, including the making of derivatives as assignments, is acceptable.
9.1.4. display in an academic gallery
Public exhibition and display, including incorporation within interpretive labels and/or installations, in an academic gallery or within a museum environment is acceptable.
9.1.5. display in a professional context
Public display, by licensed users, in the context of professional activities, such as at a scholarly conference are acceptable.
9.1.6. maintain in a professional portfolio
Maintenance of licensed works even beyond the term of the institutional license, within a student or faculty portfolio, and its off-line, non-public, presentation or display as part of that portfolio in disciplines in which this is a normal requirement of academic practice and expected in the job market, is acceptable.
9.1.7. incorporating licensed data into museum records
Incorporation of AMICO licensed data within museum records as part of the on-going work of the museum, as for comparison in collection acquisition, conservation, curatorial interpretation, etc. is allowed.
9.1.8. creating material for educational uses within museum programs
Creation of educational materials for use within museum programs is allowed so long as the materials created are not made available for sale or free distribution to the general public not otherwise engaged in the museum program for which the material was created. Such distribution is the criteria for considering the material created to have been published, and hence is not permitted under this license.
9.2. Allowed modifications to works
Modification of format and alteration of intellectual and/or visual content of works from the licensed product is permitted for educational purposes within concrete limits as defined below:
9.2.1. Copies
Copies, such as prints, photographs, or digital copies, may be created for licensed uses, but may not be retained by anyone beyond the term of the license except in the limited context of student assignments and portfolios outlined above.
9.2.1. Manipulation and Alteration
The educational benefits of manipulation and alteration are recognized by this license and constrained only within the bounds of the academic tradition of proper citation and the moral rights of creators. Quotation, critique and alteration of texts and manipulation or alteration of images are permitted, if the use takes place within an educational context and purpose and the moral rights of artists and authors are respected. The results of such exercises should include explicit identification of what changes have been made to images and accompanying documentation and include citations and/or direct links to the unmodified copy.
9.3. Specifically disallowed uses:
The following uses are specifically disallowed under this license and separate permissions must be sought for each such use:
9.3.1. Redistribution
Redistribution, including re-transmission and/or public display of the product or copies created from it, in other than the educational contexts specified and/or accessible to users not covered by this license, is not permitted
9.3.2. Commercial use
Commercial use, including charging fees other than cost recovery, for standard museum or exhibition admission, or lecture for any event or venue which includes licensed content, is not permitted. Neither commercial uses of content which originated in authorized classroom uses nor incorporation of the content into works of art offered for sale, which were originally created as authorized research or educational uses, are permitted.
9.3.3. Publication
Publication in any medium or format is not permitted.
9.3.4. Museum fund-raising, promotion, marketing and other public relations
Museum fund-raising, promotion, marketing and other public relations using licensed content is not permitted.
9.3.5. Long-term storage
Downloading for storage in any medium or format beyond the term of the license is not permitted.
9.3.6. Modification of the distributed product
Modification of work as stored in the distributed first copy of the product is not permitted. An unmodified copy must at all times be provided for reference.
9.3.7. Reposting manipulated images
Re-posting of manipulated images to the museum servers, except to support access requirements within defined and limited curricular requirements, is not permitted. If this is done, a record must be kept by the Museum and these manipulated images must be deleted as soon as the defined curricular purpose has been served.
9.3.8. Display without credit
Display in any medium or format without the specified credit line is not permitted.
9.3.9. Mounting without data
Local mounting without the defined minimum textual data associated with the work immediately accessible, is not permitted.
10. Authorized Access by Unlicensed Users
10.1. Individuals with access to public terminals
Unlicensed users with access to publicly available museum library services on the site of the Museum can have read-only access to AMICO licensed products. Means for downloading and printing may not be provided to such users.
10.2. Remote users of library catalogues
Unlicensed users with remote access to publicly available library catalogues in which tombstone data and thumbnail images from AMICO products mounted on licensed campus networks are incorporated may have access to this limited cataloging data.
11. Format of the Product
This clause defines the way in which AMICO products will be delivered.
11.1. Standard technical formats
AMICO products will be delivered in standard technical formats, published by AMICO prior to the beginning of each licensing year.
11.2. Standard Documentation
Documentation will follow standards published by AMICO and established with reference to community practices. Museum licensees will be encouraged to participate in AMICO standards setting processes.
12. Distribution
This clause defines the means by which the AMICO products are made available.
12.1. Regular distribution schedules
AMICO products will be made available through distributors, and through AMICO itself, according to regular, published, distribution schedules. It will be available both for local delivery on the campus network of the Licensee and via remote access through the AMICO Server or mechanisms established by other distributors.
12.1.1. Access means established annually
Specific means of access to AMICO products will be established on an annual basis.
12.2. Museums may mount data locally
The Museum may make all or part of the product available on its network or local systems.
12.2.1. Must mount works on exhibit or in other regular use
Items used in exhibits, teaching, or other ways that will generate predictably regular use over a period of time, must be made available over the local network or on free-standing institutional computers when the museum chooses the option of receiving the Library through AMICO rather than another distributor. <
12.2.2. AMICO Server may be used
The remainder of the licensed product can be consulted through the AMICO Server, subject to the usage charges described under fees, or used through agreements between the licensee and an AMICO distributor.
12.3. Alternate distribution channels
Under the license, the Museum will have access to the full product for local mounting or, alternatively, may take advantage of the following distribution channels:
12.3.1. Catalogue on AMICO Server for Ordering Content
A catalogue including thumbnail images will be mounted on the AMICO Server, to enable ordering of digital works for local delivery.
12.3.2. Works on the AMICO Server for Ad Hoc Use
The licensed AMICO library consisting of detailed documentation and high-resolution images of works can be consulted on the AMICO Server.
12.3.3. Distributors
Third party distributors will be contracted to provide The AMICO Library for licensees. These distributors will have different arrangements for access.
13. Points of Access
13.1. On-site Access
Licensed users may have access from anywhere on the Museum campus, including:
13.1.1. Classrooms
Access may be available from classrooms.
13.1.2. Museum research and storage facilities
Access may be available from museum facilities outside the public exhibition buildings such as storage, laboratory and other venues.
13.1.3. Libraries
Access may be available from museum libraries.
13.2. Remote Access
Licensed users may have remote access from anywhere, including:
13.2.1. Homes
Users may be permitted access from home if involved in educational uses as part of their museum employment
13.2.2. Remote facilities of the Museum
Access may be available from another location, including one belonging to another institution (for example, when museum staff are engaged in a travelling exhibition or special project away from the site as part of the educational program of the Museum.
14. Acknowledgment
This clause establishes requirements for acknowledgment or credit of licensed works
14.1. Documentation always appears
Documentation supplied with the work in the AMICO product must always be made available.
14.2. Displays credit AMICO Institution
Licensees agree that credit lines which acknowledge both AMICO institutions and any underlying copyrights in the distributed works (supplied in the product), will appear with all works.
15. Requirements for security and monitoring
This clause establishes requirements for ensuring the security of AMICO products, as mounted on the campus network, and for monitoring access to it.
15.1. Museum Maintains Secure Network
The Museum is responsible for exercising control over access, including local networked access, and for documenting its security practices.
15.2. User authentication
User authentication should be same as that used for licensed software and/or access to funds. Kerberos-like controls considered preferable at this time.
15.3. Policies and Procedures
Licensees must have policies and procedures for control and use of licensed products and must make the terms of licenses known to all users. Policies must include severe sanctions for willful violations by any licensed user including appropriate disciplinary processes .
15.4. Certify users═ access to AMICO Server
The museum must certify users access to AMICO servers (e.g. from campus authorization service to ensure valid identification of remote users.)
16. Reporting requirements
This clause establishes requirements for reporting the level and type of use of the AMICO products.
16.1. Reporting on infringements
Licensees must report all known and suspected infringements of the license as soon as they are made known to museum officials, together with the course of action which the museum proposes to pursue with respect to known or suspected infringers. Updates should be filed on a timely basis as each case develops. Failure to report or act against violators is cause for termination of this license.
16.2. Reporting on use
Museums must report works placed on exhibition, incorporated into museum curricular materials or incorporated into museum records annually. If data is known, licensees are requested to report total annual hits. If user and/or use categories, or item level data is collected, licensees are requested to report this also. The purpose of all use reporting is to assist AMICO in planning future products to meet the needs of licensees.
16.3. Sharing results of studies
Licensees conducting studies of usage are asked to share results with AMICO.
17. Fees
This clause establishes the bases for fees paid by the Museum to license AMICO products.
17.1. Annual license fee
Museum licensees will pay an annual license fee, calculated on a simple per capita basis with levels set by attendance figures as reported to the Official Museum Directory, independent of amount of use.
17.2. Fee based on product size and features
Fees will be set on a sliding scale, based on the number of works in the product and the overhead of administering the product delivery option.
17.3. Access fees for AMICO Server
If Licensee opts to provide primary access to the product using the AMICO Server, volume based access level charges will apply to uses after a defined ´regular level═ of use (to be defined by the AMICO Board and calculated based on total institutional size per year).
17.3.1. Usage charges capped at annual license amount
Any use-based charges will be capped so as not to exceed 100% of the base annual license fee, in order to lend predictability to costing.
17.3.2. Server usage figures regularly reported
Server usage figures will be reported regularly to the museum administrators.
18. Warranties and Indemnification
This clause establishes assurances on the part of the Museum and AMICO.
18.1. No further clearance needed for these uses
AMICO warrants that works it provides under this license do not require further rights clearance for any use authorized under this license. Other products and licenses may be offered which include works, especially by living artists, where rights are partially encumbered.
18.2. AMICO indemnifies the Licensee
AMICO indemnifies the Licensee against any infringement that falls within the bounds of the uses permitted under this license.
18.3. Universities will seek rights for other uses
Licensees assure AMICO that they will seek rights for uses not specified in this agreement.
18.4. Licensees will act against infringers
Licensees assure AMICO that they will actively enforce this agreement, and take necessary action against infringers.
18.4.1. Violations reported immediately
The Museum must immediately report known use violations and act against violators within framework of institutional policy.
19. Authorized Representative
This clause identifies the representatives of the parties to the agreement.
19.1. For the Museum
The Museum names its representative
19.1.1. Secure delivery of the AMICO product
Orders for images placed through the AMICO server will be fulfilled by shipping fixed media the Museum representative or via system-to-system communication by a fixed and secure route
19.2. For AMICO
Management signs agreements on behalf of AMICO
20. Communications This clause governs queries and communications regarding the agreement.
20.1. Inquiries to AMICO, not member
All inquiries regarding the terms of this agreement should be directed to AMICO, not to the contributing member.

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