AGREEMENT REGARDING LIMITED NETWORK USE OF A WORK WITHIN THE ELEKTRA PROJECT (AUTHOR)

 

1. Parties to the Agreement

Author (name) ______________________________________________

as a holder of rights in the Work/Works as defined in the present Agreement (hereinafter Author) and Helsinki University Library as the coordinator of the ELEKTRA project (hereinafter Licensee).

2. Definitions

It has been agreed that the following definitions shall apply to the present Agreement:

Article An independent literary unit (one or several) which is the Work subject to the present Agreement or which includes the Work/Works subject to the present Agreement.

Work A literary or artistic work, photograph, register, translation or other object of copyright protection (one or several), subject to the present Agreement.

Author The original author of the Work, in the capacity defined in the present Agreement.

Publisher The holder of rights transferred from the Author by a publishing agreement.

Licensee Helsinki University Library as the coordinator of the ELEKTRA project.

ELEKTRA project A fixed-term project coordinated by Helsinki University Library and subsidized by the Finnish Ministry of Education, the purpose of the project being to develop a model for providing for the public in Finland access to works in digital form via networks administered by libraries.

The participants in the project are Helsinki University Library; Oulu University Library, Gaudeamus Book Publishing - Gaudeamus Kirja; EDP Centre of the University of Helsinki; Helsinki University Press - Yliopistopaino; Federation of Finnish Scientific Societies; VTT Information Services; and Kopiosto - Joint Copyright Organization.

ELEKTRA database A database established for the use of the ELEKTRA project and administered by Helsinki University Library; Works are recorded in this database, and a Contracting Library will provide, for the public, access to the Work via a closed network.

Contracting Helsinki University Library in acting as a

Library library serving the public and in providing for its clients the service defined in the ELEKTRA project. Any other Finnish general/public library to which Helsinki University Library has granted a licence of use under the present Agreement.

3. Information regarding the Author and the publication which includes the Work/Works

The present Agreement pertains to Works prepared by the Author named below, alone or together with others, which Works have been published or will be published in the publication named below.

The Author's right to decide regarding the Work/Works is based on his/her capacity as an author of the following type (if you have created works of more than one type, indicate all of the capacities relevant to the present publication):

Writer

Translator

Illustrator

Photographer

Other; please specify

Author's name

Title and ISBN/ISSN number of publication

Publisher

4. Works subject to the Agreement

The Author grants the Licensee the right to use those Articles and other Works which have been published in publication issues which have come out after January 1, 1995 or which will be published hereafter, during the ELEKTRA project.

5. Licence of Use, subject to the present Agreement

The present Agreement pertains to the right to use the Work or Works within the ELEKTRA project and the right to grant, by a separate written agreement, a licence for such use to a Contracting Library.

The Licence is granted by the Author, insofar as he/she has not transferred the decision power regarding same to a Publisher by a publishing agreement. The Author assures that his/her right to decide regarding the Work is not limited by factors other than those possibly derived from the publishing agreement made with the Publisher.

The Licensee agrees to obtain any other licences possibly needed for the use of the Work.

This Agreement does not in any respect take a stand regarding any individual publishing agreements between the Publisher and the Authors, nor regarding their content or interpretation, and its only purpose shall be to arrange, by agreement, for undisturbed use of the Works in the ELEKTRA project.

5.1. Scope of the Licence of Use

Under the present Agreement, the Licensee shall be permitted:

(a) to make of the Work a copy in a machine-readable form;

(b) to record the Work in the ELEKTRA database;

(c) to make the Work accessible to the public in the Contracting Libraries;

(d) to grant a Contracting Library a licence to make the Work accessible to the public in the library by means of computers connected to the ELEKTRA database;

(e) to use the Work in the manner presupposed by the preparatory measures under a-d.

The Licence of Use under the present Agreement shall not be transferred to anyone else than a Contracting Library.

5.2. Licence of Use granted to a Contracting Library

A Licence to use the Work shall be granted by the Licensee to a Contracting Library by using the written model agreement approved by the ELEKTRA project; Appendix 2 of the present Agreement constitutes the model agreement.

5.3. Making copies in a Contracting Library

The following has been agreed regarding a licence granted to a Contracting Library to make copies of the Work:

According to the Author's and the Publisher's choice, indicated below, the making of a paper printout for being handed to the public

- shall be permitted on the terms and conditions defined in the present Agreement (Item 8 and Appendix 1)

- shall not be permitted

The Contracting Library agrees not to prepare machine-readable copies of the Work. However, such making of copies shall exceptionally be permitted when it is a prerequisite to the implementation of some other form of use permitted under the Agreement.

The Contracting Library shall arrange for the use of the Works in such a manner that no other copying of the Works from the ELEKTRA database will be possible.

6. Licensee's duty of care

The Licensee shall see to it that the digital copy prepared of the Article is in content identical with the original publication. The Author shall have the right, upon request, to check that the Article recorded in the ELEKTRA database corresponds to the original. If any errors have occurred in the digitalization, the Licensee shall be obligated to correct them forthwith at its own expense.

The Author shall have the right to obtain for his/her use a digital copy prepared of the Article upon payment of any technical and administrative additional costs incurred from the preparation of said copy.

The Licensee agrees to take any necessary measures to prevent the Work from being used in violation of the present Agreement.

This duty of care shall apply in particular to the data network used for the providing of the service and to any computers connected thereto; to technical measures for preventing misuse such as unauthorized copying; to the Licensee's premises and personnel; and to the operation and the direction of the operation of the Contracting Libraries.

7. Remuneration collected by the Licensee from a Contracting Library

The total amount of remuneration collected by the Licensee from a Contracting Library for the use of the ELEKTRA database shall not be such as to characterize the said remuneration as being aimed at commercial profit.

8. Remuneration for the use of the Work

The following remunerations have been agreed upon in the present Agreement:

Compensation for bringing the Work into a machine-readable form (digitalization)

No separate remuneration shall be collected for the digitalization of the Work.

Remuneration for the recording of the Work in the ELEKTRA database

Agreed upon in Appendix 1.

Remuneration for making the Work accessible to the public in a Contracting Library

No separate remuneration shall be collected for making the Work accessible to the public.

Remuneration for the printing out of a copy of the Work in a Contracting Library (if permitted)

Agreed upon in Appendix 1.

The ELEKTRA project is a fixed-term experimental project through which right-holders will gain experience in the distribution of works in a network environment and in the functioning of licence mechanisms in such an environment. The remunerations agreed upon in the present Agreement shall not set a precedent regarding the use of the Work outside of the ELEKTRA project.

9. Reporting

The Licensee shall report to the right-holder, or his/her representative, on the use of the Work in the Contracting Libraries for each calendar year, no later than by February 1 of the subsequent calendar year. The following items shall be reported on the use of the Work in the Contracting Libraries:

(a) number of retrievals per Work (depending on the monitoring technique selected);

(b) number of paper printouts per work.

10. Payment of remunerations

The Licensee shall pay the remunerations under the present Agreement to the right-holder, or his/her representative; the remunerations for each calendar year shall be paid no later than February 1 of the subsequent calendar year.

11. Liability for unauthorized use of the Work

The Licensee shall be liable for any damage, loss or harm derived from the Licensee's action in violation of the present Agreement or from the Licensee's neglect of its obligations under the Agreement. The Licensee shall additionally be, jointly and severally with a Contracting Library, liable for any damage, loss or harm caused by any action of the Contracting Library in violation of the Contracting Library's own agreement.

12. Author's liability for the granted Licence of Use

The Author shall be liable for any damage, loss or harm derived from his/her not having the right to decide, in the manner defined in the present Agreement, regarding the Work.

13. Moral rights

The Author's name shall be cited in connection with the Work in the manner required under Section 3 of the Finnish Copyright Act.

14. Term of the Licence

The Licence of Use under the present Agreement shall be in force for the duration of the ELEKTRA project. The Agreement shall expire at the end of the project. The right-holder shall be notified separately regarding the ending of the project.

15. Giving notice of termination of the Licence

The Author may give notice terminating the Licence after one month has elapsed from the last day of the month during which the notice was given.

The Author may, however, give notice of immediate termination of the Licence if it is evident that the Work has been used in violation of the terms and conditions of the present Agreement or if the Licensee or a Contracting Library otherwise substantially violates its respective obligations under the present Licence.

Such notice shall be given in writing, and shall be delivered to Helsinki University Library, addressed to the ELEKTRA project, and additionally to Kopiosto - Joint Copyright Organization.

16. Settling of Disputes

Any disputes deriving from the interpretation of the present Licence shall be settled primarily through negotiations. In the event such negotiations fail, the dispute shall be submitted to the (Helsinki) Circuit Court.

17. Copies of the Agreement

The present Agreement has been made in two identically worded copies, one for each Contracting Party.

I have perused the Agreement and its Appendices 1 and 2, and have filled in the items and alternatives requiring a response. I accept the present Agreement and its Appendices regarding the use of Works within the ELEKTRA project.

__________________________

Place and date

__________________________

Author's signature

Helsinki University Library




Esko Häkli








Appendix 1

This Appendix shall constitute a part of the Agreement between the Author and the Licensee regarding the use of Articles and other Works in the ELEKTRA project. The remunerations to be paid for the use of the Works and the division of such remunerations are agreed upon in this Appendix.

Grounds for the proposals made by the ELEKTRA project

Each right-holder shall decide independently regarding the terms and conditions on which he/she grants the Licence of Use. However, the implementation of the experimental project will be simplified if the right-holders grant the Licences of Use on the terms and conditions recommended by the ELEKTRA project.

The only purpose of the proposals by the ELEKTRA project is to provide right-holders a simple contractual way for participating in the ELEKTRA project, without endangering the justified interests of any right-holder group.

Total remuneration to be collected for the use of an Article

The total remuneration to be collected for the use of an Article shall be the sum total of the remuneration shares of the right-holders. A minimum remuneration per page, FIM 0.50, has been set for printouts within the project. In addition, a Contracting Library shall have the right to collect from a client the technical costs of the printout.

AMOUNT OF REMUNERATIONS

The overall remunerations for the use of Articles within the ELEKTRA project are defined in this section of the Appendix. The remunerations shall include the shares of all right-holders. Mark with an X the alternative you wish to have as part of the Agreement.

REMUNERATION FOR RECORDING

Alternative 1 or 2

1) PROPOSAL BY THE ELEKTRA PROJECT FOR REMUNERATION FOR RECORDING

- The Licensee shall pay to the Author and the Publisher for the recording of Articles in the ELEKTRA database for the period of the project a total remuneration, which shall be the subscription fee paid by a corporate body for one annual volume of the publication for the year during which the said Articles were published or, if Articles from different years are included, the subscription fee for the said annual volumes.

2) AUTHOR'S OWN PROPOSAL FOR REMUNERATION FOR RECORDING

- the Author does not require remuneration for recording OR

- herewith is appended a different proposal by the Author

REMUNERATION FOR PRINTOUTS
Alternative 1 or 2

1) PROPOSAL BY THE ELEKTRA PROJECT FOR REMUNERATION PER PRINTOUT

- For printouts there shall be collected a remuneration per Article, which remuneration shall be calculated according to the following formula:

Subscription fee paid by a corporate body for one annual volume of the publication in the year of publication of the Article, divided by the total number of pages of the Articles included in the said publication in said year (= price per page) X the number of pages of the Article printed out = total remuneration to be paid for one Article, unit price.

If the Article has been published or will be published in the same year that agreement regarding its use within the ELEKTRA project is made, the price per page for a printout shall be determined on the basis of the price per page for the previous year. The remuneration per printout shall be adjusted according to the level-of-earnings index.

2) AUTHOR'S OWN PROPOSAL FOR REMUNERATION PER PRINTOUT

- the Author does not require remuneration for printouts OR

- herewith is appended a different proposal by the Author

DIVISION OF REMUNERATIONS

This section of the Appendix defines the division of the remunerations collected for the use of Articles among the various right-holders. Mark with an X the alternative you wish to have as part of the Agreement.

DIVISION BETWEEN AUTHORS AND PUBLISHERS

Alternative 1 or 2

1) PROPOSAL BY THE ELEKTRA PROJECT FOR DIVISION BETWEEN THE AUTHORS AND THE PUBLISHERS

- In accordance with the recommendation made regarding the ELEKTRA project, all of the remunerations under the present Agreement shall be divided in a ratio of 50 % for the publisher to 50 % for the authors. (Finnish Association for Scholarly Publishing, Finnish Association of Science Editors and Journalists, and Association of Finnish Non-Fiction Writers)

2) AUTHOR'S OWN PROPOSAL FOR DIVISION BETWEEN THE AUTHORS AND THE PUBLISHERS

- herewith is appended the Author's own proposal

DIVISION AMONG THE VARIOUS AUTHOR GROUPS

Alternative 1 or 2

1) PROPOSAL BY THE ELEKTRA PROJECT FOR DIVISION AMONG THE VARIOUS AUTHOR GROUPS

- The recording remunerations of the Authors for one annual volume of the publication shall first be divided equally among all of the Articles of the said annual volume in the ELEKTRA database. Thereafter the remunerations for one Article shall be divided as follows among the various author groups:
writers 85 %, illustrators 15 %.

If a written work has been translated, the writers' shares shall be divided at a ratio of 50 % for the writer and 50 % for the translator.

Within each right-holder group, the remunerations shall be divided equally among the right-holders in the group.

2) AUTHOR'S OWN PROPOSAL FOR DIVISION AMONG THE VARIOUS AUTHOR GROUPS

- herewith is appended the Author's own proposal






Appendix 2

AGREEMENT REGARDING NETWORK USE OF WORKS -
CONTRACTING LIBRARY

1. Contracting parties

Helsinki University Library as the coordinator of the ELEKTRA project and the library (hereinafter Licensee) as the provider, to the public, of the use of Works defined in the present Agreement.

2. Object of the Agreement

The object of the Agreement shall be the right to use those Works which have been recorded in the database administered by the ELEKTRA project coordinated by Helsinki University Library (Licence of Use).

Helsinki University Library grants this Licence on the basis of a specific authorization, granted to it by the right-holders, regarding limited further transfer of the Licence of Use.

3. Scope of the Licence of Use

Under the present Agreement, the Licensee shall be permitted to make the Works recorded in the ELEKTRA database accessible to the public in the library by means of those computers which are connected to the ELEKTRA database under the Agreement between Helsinki University Library and the Licensee.

By means of the said computers it shall be permitted to read a Work onto the computer screen for perusal by the public.

4. Making copies of Works

The Licensee agrees not to make, or allow the making of, copies in a machine-readable form or in any other form, of the Works, unless specifically otherwise stated hereinafter. However, the Library may exceptionally make copies of the Works when such copying is a prerequisite for implementing a form of use permitted under the Agreement.

5. Printout on paper

The ELEKTRA database shall have a specific indication for each Article if paper printout of the Work is permitted for delivery to the public. This indication shall also contain information regarding the terms and conditions of printout, for example regarding remuneration, if any.

6. Licensee's obligation to provide information and to monitor

The Licensee agrees to notify the library users regarding the terms and conditions of the present Licence of Use and to monitor that the users of the ELEKTRA database comply with such terms and conditions.

The Licensee also agrees to comply with any other instructions that the ELEKTRA project may give to said Licensee regarding the arrangements for printout and for the collection of remunerations, if any.

7. Licensee's duty of care

The Licensee agrees to take all reasonable measures necessary for the preventing of the use of the Works in violation of the present Agreement.

This duty of care pertains in particular to the data network used for the mediation of the service and the computers linked thereto; to measures for preventing unauthorized copying; to the Licensee's premises and personnel; as well as to the clients of the Library and the guidance of the clients.

8. Reporting

The Licensee shall, in a manner to be agreed upon separately, report to Helsinki University Library the information regarding printout of Articles in the Library.

As for the use of the Articles, the number of printouts made of each Article shall be reported on a Work-specific basis.

9. Payment

The Licensee shall pay the remunerations defined in the present Agreement to Helsinki University Library for each calendar year, no later than January 15 of the subsequent calendar year.

10. Liability for unauthorized use of an Article

The Licensee shall be liable for any damage, loss or harm derived from the Licensee's action in violation of the present Agreement or from the Licensee's neglect of its obligations under the Agreement.

11. Right-holders' liability for the Licence of Use

Each right-holder, author, publisher or any other holder of copyright in the Work as defined in the present Agreement shall be liable for any damage, loss or harm derived from his/her not having the right to decide regarding the License of Use as defined in the present Agreement.

12. Term of the Licence

The Licence of Use under the present Agreement shall be in force for the duration of the ELEKTRA project. The Agreement shall expire at the end of the project.

13. Giving notice of termination of the Licence

The Licensee may give notice terminating the Licence after one month has elapsed from the last day of the month during which the notice, in writing, was delivered to Helsinki University Library, addressed to the ELEKTRA project.

Helsinki University Library may give notice terminating the Licence forthwith if it is evident that Works have been used in violation of the terms and conditions of the present Agreement, or if the Licensee or Contracting Library otherwise substantially breaks the obligations under the present Licence.

14. Settling of disputes

Any disputes derived from the interpretation of the present Licence shall be settled primarily through negotiations. In the event that such negotiations fail, the dispute shall be submitted to the (Helsinki) Circuit Court.

15. Copies of the Agreement

This Agreement has been made in two identically worded copies, one for each Contracting Party.