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).
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):
Other; please specify
Title and ISBN/ISSN number of publication
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.
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.
Helsinki University Library
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