- This document describes
a framework for a license between AMICO and Contributors to The AMICO Library in which contributors assign limited rights to AMICO.
This assignment enables AMICO to re-license the assembled Library
for educational purposes.
- 1. Purpose and
- This agreement
assigns to AMICO the non-exclusive rights needed to compile, process,
reproduce, redistribute, perform, display and re-license the compiled
AMICO Library for educational use. AMICO is also assigned limited
rights to re-license to its distributors and its end users, under
terms approved by AMICO members. AMICO's actions and re-licensing
terms are governed by the agreement of AMICO Members.
- 2. Parties
- Any institution
which makes a contribution to The AMICO Library signs this agreement
- 2.1. AMICO
and an Institution Contributing its Digital Documentation
- The agreement
is signed between AMICO and each of its members, and between
AMICO and any other institution which contributes works to The AMICO Library.
- 3. Grant of License
- The Contributor
grants AMICO a non-exclusive license to compile, manipulate, redistribute,
reproduce, perform, and display the works contributed to The AMICO Library. AMICO may also re-license the compiled Library, to enable
its distribution and educational use, under the terms of the AMICO
membership agreement. AMICO may create specific derivative works
as approved by its members.
- 3.1. Contributors
Assign AMICO Rights to Compile and Process the Library
- AMICO is granted
the rights to compile multimedia digital documentation provided
by Contributors (AMICO members and other institutions) into
The AMICO Library. AMICO may process contributions to create
a uniform data set called The AMICO Library. Contributors assign
AMICO with rights to manipulate the individual digital files,
create the compilation and add data to both individual contributions
(enhance) and the compilation (index), in order to create a
coherent and usable Library.
- 3.2. Contributors
Assign AMICO Limited Rights in the Library
assign AMICO limited rights to redistribute and reproduce (or
contract redistribution and/or reproduction) their contribution
to The AMICO Library compilation, both to make the Library known
to potential licensees and to provide access under terms of
licenses approved by AMICO. AMICO Distributors
AMICO Assignment of Rights to Distributors
- AMICO may
assign to its distributors limited rights to recompile and
re-distribute The AMICO Library, for educational uses approved
under the terms of the AMICO membership agreement. AMICO
distributors are bound by AMICO-approved contractual obligations
to provide access to The AMICO Library to licensees.
Distributor Rights Non-Transferable
assigned by AMICO to its distributors are non-transferable.
- 3.3. AMICO
may License the Library for Educational Purposes
assign AMICO rights to re-license contributed content as part
of The AMICO Library for educational purposes, as designated
under licenses approved by AMICO to licensees of The AMICO Library.
- 3.4. AMICO
May Create Approved Derivative Works
- As approved
by its members, AMICO may create subsets of the Library (derivative
works) for delivery of particular parts of its content to defined
users. The AMICO Public Web Site is one such derivative work.
All plans for Derivative Works will be approved by AMICO Members
as defined in the Membership Agreement.
- 4. License period
- This clause determines
the length of the license granted.
- 4.1. Contributors
License To AMICO For A Term That Enables A One Year Re-License
- The License
is granted for an administratively defined term long enough
to permit AMICO to offer an annual user -licensee. The period
of this administratively defined term shall not exceed 24 months
and shall be set annually by AMICO, based on production schedules.
Purposes Of The Administratively Defined Period Of The
to the licensed content prior to the term of its re-license,
is granted to enable AMICO to process the data in the Library,
and complete its compilation, standardization, distribution,
and reconfiguration, to assure that user access can be provided
when the license term begins. Access to the licensed content
following the term of re-license is granted to ensure that
content which must be removed after the license term ends
can be removed.
- 5. Continuity of
- Recognizing that
the value of The AMICO Library depends on continuity of its contents,
contributors agree to continue licenses to content previously licensed
to AMICO at least as long as they continue to be members of AMICO
or licensees of its Library. It also acknowledges that special circumstances
may require the contributors to withdraw certain items from the
distributed product during the term of the license.
- 5.1. Provisions
the damage that would be caused if The AMICO Library changed
dramatically from year to year, contributors agree to license
documentation previously licensed through AMICO from year to
year as long as they themselves are licensees or members, with
the following specific exceptions:
Modification of files to reflect changes in Documentation
are expected update or change digital documentation relating
to works of art previously contributed to the Library to
reflect changes in scholarship or to add newly available
documentation. AMICO agrees to incorporate such changes
at least in its annual Library distribution update.
Withdrawal of individual works with disputed rights
that actions by artists, their heirs and others might challenge
rights which AMICO members transferred to the consortium,
AMICO contributors reserve the right to withdraw individual
works from the licensed library during the license term.
When such situations apply, AMICO will require distributors
to remove the named content from the licensed AMICO Library
and agrees to require any licensees to remove the designated
work from all institutionally mounted copies of the content.
- 6. Failure of the
- Recognizing the
dependence upon the AMICO resource when it is used in the curriculum,
this clause provides assurances in the event that AMICO fails as
- 6.1. Contributors
individually guarantee terms
- Each AMICO
member guarantees AMICO sub-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.
- 6.2. Contributors
serve as the archival repository
the nature of museums, archives, and libraries, which are the
holders of the original intellectual property and rights licensed
in this product, contributors to the Library assure scholars
of archival access to the underlying data. The AMICO contributors
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.
- This clause outlines
the terms of withdrawal or termination of the license. A contributor
may elect to
- 7.1. Licenses
to AMICO Terminate with User Licenses
- Although AMICO
members may withdraw from the Consortium at any time, the license
to AMICO of rights to the contributions made by a withdrawn
Contributor remains in force until the conclusion of the term
of any annual user licenses in effect.
- 7.2. Withdrawal
of Contributed Content
who wish to withdraw content contributed to AMICO Library must
notify AMICO in advance, according to the published time schedule
for each annual distribution..
- 8. Users
- This clause defines
- 8.1. AMICO,
its staff and sub-contractors
- AMICO, its
staff and subcontractors, may process the licensed data as necessary
to create The AMICO Library, including creating indexes, metadata
extracts, structured links and any other value added information
agreed by AMICO Members. AMICO staff also are licensed educational
users under the terms of any agreement negotiated by AMICO.
- 8.2. Distributors
of The AMICO Library
of The AMICO Library may process the licensed data as necessary,
within the limits imposed by the distributor specifications
and contracts, to provide access to it through their facilities.
- 8.3. Institutions
Holding Current Licenses Issued by AMICO
- Licensees of
The AMICO Library may process the data as necessary, within
limits imposed by the license, to give access to licensed end
users whose access to and use of The AMICO Library is mediated
by tools and facilities provided by the licensee. This applies
in particular to those portions of The AMICO Library which a
licensee elects to mount locally in order to better satisfy
an educational purpose permitted by the license.
- 8.4. Licensed
- Licensed users,
granted access under the terms of a license with AMICO by an
institution which asserts them as their part of its user community,
are limited in the uses they can make by the terms of that license.
- 9. Format of Contribution
- This clause identifies
the guidelines for acceptable contributions to AMICO.
- 9.1. Standard
will provide data conforming to technical specifications published
by AMICO prior to the beginning of each licensing year.
- 9.2. Standard
will follow standards published by AMICO and established with
reference to community practices.
- 10. Distribution
- AMICO Contributors
grant rights to redistribute the compiled AMICO Library, or any
approved derivative work based on the Library, in the following
manners. Subsequent distributions methods may also be identified
and approved by AMICO Members.
- 10.1. AMICO
may distribute licensed data
- The full AMICO
Library, including detailed documentation and high-resolution
images of works may be distributed by AMICO.
AMICO may contract with one or more distributors
party distributors will be contracted to provide The AMICO Library for licensees. These distributors will offer licensees
different arrangements for access but all use will be regulated
by the AMICO licenses.
- 10.2. Publicly
- A subset of
The AMICO Library (a derivative work) will be made available
for public access by AMICO and/or its sub-contractors and licensed
distributors. AMICO will publish a specification of the content
and functionality of this publicly accessible data.
- 10.3. Licensees
may mount data locally
- Under the terms
of some AMICO licenses, Licensees are permitted to mount data
locally for redistribution to licensed users for licensed uses.
- 11. Acknowledgment
- This clause establishes
requirements for acknowledgment or credit of licensed works
- 11.1. Credit
- Credit lines
and minimum identification data determined by AMICO members
must appear with every work in The AMICO Library in each display
unless otherwise specifically exempted.
Curriculum-based exceptions allowed
- This requirement
can be waived under specified circumstances where the appearance
of documentation would impede curricular goals (e.g. testing).
The licensee must keep records of all such waivers requested
and/or granted for AMICO review.
- 12. Requirements
for security and monitoring
- This clause establishes
requirements for ensuring the security of AMICO Library, products
offered by distributors, and AMICO Library contents when mounted
under license on local servers.
- 12.1. AMICO
ensures secure distribution
- AMICO is responsible
for exercising control over distribution of The AMICO Library,
through contracts with distributors.
- 12.2. User
and licensees are responsible for authentication of users. Methods
employed should be equivalent to that used by licensees for
licensed software and/or access to funds. Specific user authentication
procedures must be accepted by AMICO before the Library or parts
of the Library may be distributed or stored locally.
- 12.3. Policies
must have policies and procedures for control and use of licensed
products. Policies must include severe sanctions for willful
violations by any licensed user including appropriate disciplinary
processes for faculty, staff or students. Policies must be registered
with AMICO and AMICO must be informed of changes in policies.
Terms of the licenses and the sanctions of the governing policies
must both be made known to all users.
- 13. Reporting requirements
- AMICO Users and
Distributors are required to report activities to AMICO. AMICO will
share these reports with Contributors to the Library.
- 13.1. Reporting
- AMICO must
promptly report known and suspected infringements of the license
to the Contributor of the affected work or works, together with
the course of action which the Consortium proposes to pursue
with respect to known or suspected infringers. Updates will
be made on a timely basis as each case develops. Failure of
AMICO to report or act against violators in a manner which is
satisfactory to the Contributor is just cause for termination
of the Contributor's license to AMICO.
- 13.2. Reporting
- Licensees must
report local copies of AMICO data, such as those made for 'reserve
room' use, free standing or laboratory systems, or fixed media.
All such copies must remain under the control of the licensee.
AMICO will make such reports available to Contributors on request.
- 13.3. Share
results of studies
- Licensees are
asked to share results of studies with AMICO. AMICO will share
the results of any use studies with Contributors.
- 14. Benefits of
- This clause establishes
the benefits of contribution.
- 14.1. Royalties
- No income is
returned to Contributors for providing content to The AMICO Library.
- 14.2. Fee discounts
- AMICO may,
from time to time, reward contributors by discounting fees they
would otherwise be assessed for licensing or membership. These
discounts will be voted annually by the AMICO Board.
- 14.3. Services
who are AMICO members will be entitled to membership services
as established by the AMICO Board, including the return of contributed
data from AMICO after quality control and enhancement.
- 15. Warranties
- This clause establishes
assurances on the part of the Contributor and AMICO.
- 15.1. Contributors
warrant that the documentation it provides under this license
is not known to require further rights clearance for any use
authorized under this license or that limits to rights are explicitly
identified. Contributor's standard business practices (due process)
for rights clearance must be registered with AMICO.
- 15.2. AMICO
- AMICO indemnifies
Contributors against any infringement that falls within the
bounds of the uses permitted under this license as long as the
Contributor has followed standard business practices (due process)
for rights clearance.
- 15.3. AMICO
will act against infringers
- AMICO assures
Contributors that it will actively enforce license agreements
and take necessary action against infringers.
- 16. Authorized
- This clause identifies
the representatives of the parties to the agreement.
- 16.1. For
- The Contributor
names its representative.
- 16.2. For AMICO
- The management
signs agreements on behalf of AMICO
- 17. Communications
- This clause governs
queries and communications regarding the agreement., and names AMICO
and Contributor contacts.
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